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NARENDRA KUMAR SHARMA versus STATE OF U.P.

High Court of Judicature at Allahabad

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Narendra Kumar Sharma v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3622 of 2006 [2006] RD-AH 7625 (12 April 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. 54

CRIMINAL MISC. BAIL APPLICATION NO. 3622 OF 2006

Narendra Kumar Sharma................................Applicant.

                   Versus

State of U.P............................................Opposite Party.

Hon. Mrs. Poonam Srivastava, J.

Counter and rejoinder affidavits have been exchanged.

Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri Dharmendra Singhal, Advocate appearing for the applicant and Sri P.N. Misra, Senior Advocate assisted by Sri Nitin Srivastava, Advocate appearing for the complainant and learned A.G.A. for the State.

The applicant is detained in connection with case crime no. 722 of 2005 under Sections 147, 148, 149, 302, 307 I.P.C.  It appears that the First Information Report was registered by Sanjai Kumar, who is brother of the deceased. The wife of Sushil Chaudary was done to death in the incident. Sushil Chaudhary is an accused in the murder of the applicant's brother, he was enlarged on bail by this Court but the bail was got cancelled at the instance of the present applicant from Hon'ble Supreme Court on 30.9.2005 and, therefore, motive has been assigned to the present applicant in the murder of Smt. Asha wife of Sushil Chaudhary.  Submission  is that it is a night incident in the month of December, 2005. The deceased was alone in the house, no one has witnessed the occurrence.  This argument has been emphasized on the basis that the deceased was taken to the hospital by a stranger namely Rasphool, whereas according to the version given by the complainant, both the brothers were present in the house.  This fact has not been disputed in the counter affidavit that Rasphool had taken the deceased in an injured stage to the hospital.  The brothers reside at a distance of 20 kilometers and, therefore, it is all the more reason that they were not present in the house. Besides, the First Information Report does not mention any source of light. It is a case of hit and run.

Without giving any opinion on merits of the case, the bail application is allowed.

Let applicant  Narendra Kumar Sharma s/o Baleshwar Prasad Sharma be released on bail in Case Crime No. 720 of 2005, under Sections 147, 148, 149, 307, 302 I.P.C., Police Station Kotwali Nagar, District Bulandshahar on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Dt. 12.4.2006

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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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