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Dharm Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 175 of 2006 [2006] RD-AH 649 (10 January 2006)


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Court No. 19

Crl. Misc. Bail Application No.175 of 2006

Dharm Singh.....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.443 of 2005, for the offence under Sections 364, 302,201 I.P.C., Police Station Achhnera, district Agra.

It is alleged that    on 19.9.05 at 2.00 p.m. accused persons were waiting for the truck in which the deceased  was coming. They got the truck stopped and after beating the deceased they took him away and then killed  him. The report was lodged  on 20.9.2205 at 8.50 a.m. The distance  of police station  is three furlong  from the place of occurrence.  In the post mortem report the cause of death could not be ascertained  and as such viscera   was preserved. No ante mortem injury was found on the body  of the deceased. On the basis of an extra judicial confession  made by Dumber Singh accused ( non applicant), the investigation proceeding further and on his pointing out the dead body which was recovered  from the bank of canal

Against  the genuineness of the prosecution case and proposed  evidence  and  also involvement of the accused, it was argued  that  the entire case is based on the so called extra judicial confessional statement of  Dumber Singh accused       ( non applicant). According to the statement  under Section 161 Cr.P.C.   the deceased was first beaten  then abducted and then he was killed but in the post mortem report  any type of injury  has not been found on the body. Even the cause of   death  could not be ascertained. The motive as mentioned the extra judicial  confession of accused Dumber Singh is that he had a suspicion that is  nephew had been kidnapped by father of the deceased. As such  the case of the applicant is distinguished  from the main accused on whose pointing out  the dead body  is said to have been recovered.

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,  particularly in the back drop of allegation of marpeet absence of any injury on the body of the deceased and the case being based on extra judicial confession of  main accused Dumber Singh, 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.



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