MAHEEN CHAUHAN versus THE STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Maheen Chauhan v. The State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5171 of 2006 [2006] RD-AH 7849 (18 April 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 54

CRIMINAL MISC. BAIL APPLICATION NO. 5171 OF 2006

Mahesh Chauhan......................................Applicant.

                   Versus

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

Hon. Mrs. Poonam Srivastava, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Counter and rejoinder affidavits have been exchanged.

According to the First Information Report, the applicant has been assigned role of firing to the deceased.  Occurrence is said to have taken place on 13.9.2005 at 6:00 p.m. and the First Information Report was registered at 19:15 hours on the same day. Witnesses named in the First Information Report are also witnesses of the Panchayatnama.  Copy of the Panchayatnama has been annexed as annexure no.2 to the affidavit filed in support of the bail application, where it is clearly stated by the witnesses of the Panchayatnama that some unknown assailants have caused injuries to the deceased but nothing has been said about the name of the accused including the present applicant.  Argument advanced on behalf of the applicant is that it is evident that at the time of Panchayatnama, two witnesses were present, they had not seen the occurrence, therefore, First Information Report has been challenged on this ground. Learned A.G.A. has not been able to show anything to controvert this argument in his counter affidavit.

Considering facts and circumstances of the case and without taking aforesaid observation as an opinion on merits of the case, the bail application is allowed.

Let applicant Mahesh Chauhan s/o Patiraj Chauhan be released on bail in Case Crime No. 504 of 2005, under Sections 323, 324, 504, 307, 302 I.P.C., Police Station Dullahpur, District Ghazipur on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Dt. 18.4.2006

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