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Dablu Singh Alias Vijai v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15288 of 2005  RD-AH 6840 (29 March 2006)
COURT NO. 54
CRIMINAL MISC. BAIL APPLICATION NO. 15288 OF 2005
Dablu Singh @ Vijai.......................................Applicant.
State of U.P............................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri V.P.Srivastava learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of Dablu Singh under Sections 147, 148, 149, 504, 302, 506 I.P.C. and 7 Criminal Law Amendment Act. Perusal of the First Information Report shows that there are as many as six accused and all of them are alleged to have opened fire on the deceased, which resulted in his death. Argument advanced on behalf of the applicant is that according to the post mortem report, there are four incised wounds caused by sharp edged weapon, whereas narration of the First Information Report does not disclose this. However, subsequently, witnesses have tried to allocate role of firing to the accused Dablu Singh and Bablu Singh, which is a definite improvement, only to support the post mortem report. It has been brought to my notice that accused Rameshwar Singh has been granted bail by this Court in bail application no. 13494 of 2005 on 21.7.2005, Nagesh Tiwari in bail application no. 12382 of 2005 on 11.7.2005, Ashok Kumar Patel in bail application no. 13591 of 2005 on 25.7.2005 and Munmun Mishra in bail application no. 18265 of 2005 on 23.9.2005. Occurrence has taken place at 9:30 a.m. in the month of April, 2005 and the First Information Report was registered at 2:30 p.m. There was sufficient lapse of time between occurrence and lodging of the First Information Report. Therefore, it is clear that version in the statement under Section 161 Cr.P.C. has been changed after post mortem was conducted on the same day at 4:00 p.m.
In the circumstances, I am of the view that the applicant shall be enlarged on bail. Observations made above shall not be considered as any opinion on merits of the case.
Let applicant Dablu Singh @ Vijai s/o Rambali Singh be released on bail in Case Crime No. 370 of 2005, under Sections 147, 148, 149, 504, 302, 506 I.P.C. and 7 Criminal Law Amendment Act Police Station Line Bazar, District Jaunpur on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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