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Mahendra Pal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 61 of 2006  RD-AH 338 (5 January 2006)
Court No. 19
Crl. Misc. Bail Application No.61 of 2006
Mahendra Pal .....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.
The applicant Mahendra Pal is involved in case crime No. 196 of 2005, for the offence under Sections 452,302, I.P.C., Police Station Shahi, district Bareilly.
It is alleged that on 5.6.2005 in the night accused Mahendra son of Asharfilal (applicant) came to the residence of the deceased and asked her to accompany him and on refusal, she was killed. The incident was witnessed by her younger sister. In the postmortem report the cause of death was found to be shock and hemorrhage as a result of anti mortem injuries. One entry wound and its corresponding exit wound of firearm was found on the body of the deceased.
In the context of involvement of the accused and the genuineness of the prosecution case, the attention of the court was drawn towards the statement made by the sole eye witness Km. Kusum under Section 161 Cr.P.C. ( annexure 3), wherein she clarified that Mahendra son of Laturi ( non applicant) was a person who fired with his country made pistol while applicant Mahendra son of Asharfilal was having knife in his hand. It was emphasized that there was no knife injury on the body of the deceased. He has no criminal history to his credit.
The bail is, however, opposed by the learned A.G.A
In the aforesaid facts and circumstances and particularly in the absence of any knife injury on the body of the deceased without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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