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Narain Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 26468 of 2006 [2006] RD-AH 20481 (4 December 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ravindra Singh, J.

  Heard learned counsel for the applicant and the learned A.G.A.

        It is submitted by learned counsel for the applicant that according to the prosecution version the applicant was armed with Dhariya, co-accused Sarvesh was  armed with lathi and remaining three co-accused were armed with firearms. It is alleged that the injuries were caused by all the accused persons  The deceased Babu Ram  had received fire arm wound of entry, one incised wound and one abraded contusion. The cause of death was due to fire arm injury. The remaining deceased persons have not received any  injury caused by dhariya and lathi, they received injuries caused by fire arm. The incised wound and abraded contusion were simple in nature.  The co-accused Sarvesh, who was allegedly caused injury by lathi,  has been released on bail by this court on 7.11.2006 in criminal misc. bail application no. 16234 of 2006. Therefore, the applicant is entitled  to get the parity of bail. The case of the applicant is distinguishable with the case of other co-accused who were armed with firearm.

In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

Let the applicant Narain Singh   involved in case crime no. 324      of 2005  under Sections 147,148,149,302,307,323,504 and 506 I.P.C.,     P.S. Ajitmal     District  Auraiya be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

Dated: 4.12.2006



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