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Devi Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 68 of 2006 [2006] RD-AH 408 (6 January 2006)


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Court No. 19

Crl. Misc. Bail Application No. 68 of 2006

Devi Singh.....Vs.....State of U.P.


Hon'ble Alok Kumar Singh, J.

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

The applicant is involved in case crime No. 303 of 2005, for the offences under Sections 302, 452, 506 IPC, Police Station Chhatari District Bulandshahr.

The incident is said to be of late night at 3 a.m.  The source of light as mentioned in the FIR is a lantern. In the FIR, the knife and bullam have been assigned to Shyam Babu (non applicant ) and Devi Singh (applicant) respectively. In the statement under section 161 Cr.P.C. of witness Pravesh, knife has been specifically assigned to Devi Singh. In the post mortem report only two lacerated wounds are mentioned. It was argued on behalf of the applicant that involvement of the applicant is thus not substantiated by the medical evidence

The bail was, however, opposed by the learned A.G.A. as well as Sri Garav Kakkar, the learned private counsel appearing on behalf of the complainant on the ground that there is strong motive against the accused persons on account of land dispute between the parties.  

In view of the entire facts and circumstances of the case and particularly the aforesaid statement u/s 161 Cr.P.C. not getting support from medical evidence, without entering into 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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