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RAJEEV versus STATE OF U.P.

High Court of Judicature at Allahabad

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Rajeev v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 217 of 2006 [2006] RD-AH 591 (9 January 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

Court No. 19

Crl. Misc. Bail Application No. 217 of 2006

Rajeev.....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. 1084 of 2005, for the offences under Section  302  IPC, Police Station Cantt. District Bareilly.

It is alleged that the applicant alongwith co-accused having armed with country made pistol instigated and exhorted main accused Jogendra (non applicant) to kill Vinod on 14.10.2005 at 8.30 p.m. on account of some controversies regarding some love affairs. Consequently Jogendra fired at Vinod  and while he was being taken to hospital he died in the way. The FIR was lodged by the brother of the deceased on the next day, i.e. on 15.10.2005 at 1.10 a.m.. In the post mortem one fire arm injury was 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 emphasized that the role assigned to the applicant is only that of the exhortation as mentioned in the FIR as also in the rejection order. He has no criminal history to his credit. The incident is of night.

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 role of exhortation only against the applicant, 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.9.1.2006.

Zh


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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