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Phool Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 243 of 2006  RD-AH 580 (9 January 2006)
Court No. 19
Crl. Misc. Bail Application No. 243 of 2006
Phool 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. 108 of 2005, for the offences under Section 302 IPC, Police Station Muskara District Hamirpur.
It is alleged that on 2.6.2005 at about 6.30 p.m. the accused Daya Ram wielding Khoncha, Khem Chandra wielding axe and Phool Singh (applicant) wielding lathi surrounded complainant's son and killed him. The post mortem was conducted on 3.6.2005 wherein one incised wound and three penetrating wounds were found on the body of the deceased which caused his death.
Against the genuineness of the prosecution case and involvement of the accused, it was argued that the lathi has been assigned to the applicant in the FIR, but there is no such injury which could have been caused by lathi having an iron ring. It was also pointed out that in the FIR it is mentioned that with one of the sons of Daya Ram there was some dispute of the deceased while they were working in a brick kiln at Agra. In that case only that son could have had motive to commit such crime but in the present case Daya Ram's both the sons including Daya Ram himself have been implicated.
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 view of the entire facts and circumstances of the case, taking into consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above significantly the absence of any injury of lathi the weapon assigned to the applicant, 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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