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RADHA KRISHAN versus STATE OF U.P.

High Court of Judicature at Allahabad

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Radha Krishan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3850 of 2006 [2006] RD-AH 4604 (27 February 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ravindra Singh , J.

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

It is submitted by learned counsel for the applicant that in the present case the F.I.R. has been lodged on 30.10.2005 in respect of the incident which had occurred on 13.10.2005. The F.I.R. is too much delayed. It was lodged after great thought and consultation. It is further contended that the F.I.R. has been lodged only on the basis of the doubt and suspicion because the deceased had met the applicant and other co-accused persons on 30.10.2005 and the first informant was asked to go to met he husband. Thereafter, the deceased did not  return his house, but in the night of 13.10.2005 he was seen in the company of some other co-accuse persons when they were taking liquor. At that time the applicant was not present there. According to prosecution version itself the dead body of the deceased has been recovered from a well, but it has not been recovered at the pointing out of the applicant. The recovery was made on 29.11.2005. There is no other evidence against the applicant.

After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Radha Krishan  involved in Case Crime No. 126 of 2005, under Sections 147, 364, 506, 302 and 201  I.P.C., Police Station Lodha, District Aligarh be released on bail on his furnishing a personal bond and two  sureties each of the like amount to the satisfaction of the Court concerned.

Dt: 27.2.2006

Rcv/3850-06                                                                                                  

                                                                                                                                       


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