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Naresh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 56 of 2006 [2006] RD-AH 346 (5 January 2006)


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Court No. 19

Crl. Misc. Bail Application No.56 of 2006

Naresh .....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 Naresh is involved in case crime No. 1178 of 2005, for the offence under Sections 302, I.P.C., Police Station Hasanpur, district J.P.Nagar.

It is alleged that  complainant's brother Hardayal  aged about 40 years was taken away by accused Naresh (applicant) and co-accused Raju where after he did not return. Subsequently his dead body was found. According to postmortem report the death was caused by asphyxia due to anti mortem strangulation.

It was argued on behalf of the applicant that co-accused  Raju has been enlarged on bail by this Hon'ble Court  in Criminal Misc. Bail Application No. 22322 of 2005 as mentioned in para 12 of the affidavit. The perusal of the F.I.R. shows  similar allegations against the applicant also.

The bail was, however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court  regarding  proposed evidence and genuineness of the prosecution  case were duly considered.

 In the giving circumstances, there does not appear to any reason to deprive the applicant from being released on bail on the ground of parity. 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.  

 Dt. 5.1.2006.



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