High Court of Judicature at Allahabad
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Rajesh Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 166 of 2006  RD-AH 592 (9 January 2006)
Court No. 19
Crl. Misc. Bail Application No.166 of 2006
Rajesh Kumar.....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 is involved in case crime No.170 of 2005, for the offence under Section 302, I.P.C., Police Station Eka, district Firozabad.
It is alleged that on account of some quarrel between the children on 16.10.2005, on the next date i.e. on 17.10.2005 at about 7.30 a.m. all the four accused who are the real brothers, surrounded the deceased and killed him. The F.I.R. was lodged the same day at 10.05 a.m. The post mortem report shows one incised wound on the vital part of the deceased which caused his death.
Against the genuineness of the prosecution case and proposed evidence as also involvement of the accused, it was argued that the applicant has been assigned lathi but there is no injury of lathi on the body of the deceased. The post mortem report shows a single injury of incised wound. His bail was rejected only on the ground that all the four accused are real brothers and they surrounded the deceased and killed him. Out of them Munesh Kumar and Mukesh who were assigned the role of catching hold have already been granted bail by this Court vide order dated 21.12.2005 passed in Criminal Misc. Bail Application No. 23248 of 2005. The main allegation is against co-accused Naresh Kumar and as such applicant's case is distinguishable. There is no criminal history against him.
The bail is, 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 absence of any injury of lathi and also the ground of partial 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.
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