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Ram Bharosey And Antoher v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 235 of 2006  RD-AH 594 (9 January 2006)
Court No. 19
Crl. Misc. Bail Application No. 235 of 2006
Ram Bharosey and another.....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicants and also the learned A.G.A.
The applicants are involved in case crime No. 1070 of 2005, for the offences under Section 302 IPC, Police Station Aonla. District Bareilly.
It is alleged that on 22.9.2005 at 8.30 p.m. while the complainant was going with the deceased on foot to their village and reached near a Bajra field of Manali, Ram Bharosey and Veer Pal of the same village appeard. After seeing them Charan Singh fired at them and scuffle started between them. The complainant fled away from there due to fear. In the noon, however, dead body of Charan Singh was found in the field of Om Prakash, where after report was lodged. In the post mortem no ante mortem injury was found on the body of the deceased and as such the cause of death could not be ascertained, hence viscera was preserved.
Against the genuineness of the prosecution case and proposed evidence, it was pointed out that the entire case is based on a weak type of circumstantial evidence. Although there was a whisper of the firing made from the country made pistol of the deceased Charan Singh himself, followed by scuffle between him and the two accused persons, but no fire arm injury is said to have been found on either side. Admittedly the complainant fled away from the scene thereafter due to fear. As such there is no eye witness of further events. The attention of the Court was also drawn towards post mortem report which shows about presence of blisters on the body and peeling of skin of the deceased at places. Taking a cue from the book of Modi's Medical Jurisprudence, it was emphasized that such putrefactive changes in the body can be found only after a lapse of 8-10 days of the death. As such in the present case it appears that death occurred several days before the alleged date of occurrence. No significant reason is mentioned in the order of bail rejection.
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 applicants in respect of the points discussed herein above significantly the case being based totally on a weak type of circumstantial evidence not finding support from the post mortem, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicants be enlarged on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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