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Maghi Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 1758 of 2005  RD-AH 2713 (6 February 2006)
Court No. 19.
Criminal Misc. Bail Application no. 1758 of 2005
Maghi Singh . . . . . . . . . . . . Vs. . . . . . . . . . . . . State of U.P.
The applicant, Maghi Singh has applied for bail in this case crime no. 170 of 2000 under sections 302, 307, 504 and 429 I.P.C. of police station Khaga district Fatehpur.
This is second bail application of the applicant. His first bail application no. 17944 of 2004 was rejected by Hon. K.N.Sinha,J. vide his order dated 23.11.2004. When this second bail application was moved, it was sent to Hon'ble K.N.Sinha,J, but his lordship released it vide his order dated 3.10.2005, hence, this bail application came up before me for hearing.
As per the prosecution case, accused applicant Maghi Singh armed with rifle, Ram Chandra armed with a licensee double barrel gun and Lalman armed with a country made single barrel gun had fired at Rajendra Narain, Desraj Singh, Kalloo Singh and Smt. Ram Mani and as a result of this firing Desraj Singh, Smt. Ram Mani and two calves received fire arm injuries and one calf died on the spot. The informant Narendra Singh was taking his injured father Desraj Singh and Smt. Ram Mani to the hospitasl but his father died in the way. Thereafter he went to the police station and lodged the report.
The learned counsel for the applicant made only one submission before me. He submitted that a perusal of postmortem report of Desraj Singh and also of injury report of Smt. Ram Mani reveals that both of them had received pellet injuries and these pellet injuries could not be caused from the fire of rifle. This plea was also taken before Hon'ble K.N.Sinha,J. but his lordship repelled the plea pointing out that injury no.1 of the deceased Desraj Singh could have been caused from the fire of rifle.
In the postmortem report injury no. 1 has been described two fire arm wounds 0.5 cm x 0.5 cm on the left side of chest. The learned counsel for the applicant has submitted that now the statement of Dr. Sri Prakash who had performed the postmortem has been recorded in the court as P.W. 3 and he has stated in his statement that two pellets were recovered from these two injuries described as injury no. 1 in the postmortem report. He submitted that in this way those injuries could not be caused from the fire of rifle.
The learned A.G.A. has opposed the bail application. He submitted that in this incident three accused persons including the applicant had fired and so the applicant should not be granted bail.
Without expressing any opinion on the merits of the case but taking into consideration the facts and circumstances mentioned above, I am of the view that the applicant deserves to be released on bail.
Let the applicant, Maghi Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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