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Pappu Pandey Alias Shashi Bhushan Pandey v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 336 of 2006  RD-AH 808 (12 January 2006)
Court No. 19
Crl. Misc. Bail Application No.336 of 2006
Pappu Pandey alias Shashi Bhusan Pandey .....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. 553 of 2005, for the offence under Sections 302/ 120-B, I.P.C., Police Station Shahpur, district Gorakhpur.
According to the prosecution story on 23.10.2005 some eunchs were going, on an Aarmada taxi. At about 9.45 a.m. two persons, who were waiting from before, got the vehicle stopped. Out of them one person put the country made pistol on the temporal region of the driver and threatened the passenger to give away their ornaments. In the process one of them also fired at Khushbu eunch due to which she died on spot.
In respect of genuineness of the prosecution case and proposed evidence as also the involvement of the accused it was argued that the report was lodged against unknown persons. The arrest of the applicant has been shown on 25.10.2005 but no identification was got done. There was also no recovery from the accused applicant. The theory of loot was disbelieved by none other than investigating agency itself. Subsequently, the story took turn and it was said that one eunch with the help of Ranjit Viswas got this murder committed. The main allegation of shooting is against Pappu Nishad ( non applicant). There is no criminal history against the applicant.
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, significantly the report being against unknown persons but no identification taking place, also no recovery from the applicant and the main allegation of shooting being against Pappu Nishad ( non applicant) and the theory of looting having being disbelieved by the investigating agency itself, 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.
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