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Ishwari Prasad Kushwaha v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8140 of 2006  RD-AH 8700 (1 May 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. The F.I.R. was lodged on 8.10.2005 at 8.30 a.m. in respect of the incident which had occurred in the night of 7/8-10-2005. In the F.I.R. nobody was named as an accused, but the name of the applicant was in the F.I.R. as he was companion of the deceased. He was seen in his company in the same night at about 1.30 p.m. Subsequently he has been made an accused. Only the evidence of last seen is against the applicant and there is no eye witness account. Nothing incriminating has been recovered from the possession of the applicant.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Ishwari Prasad Kushwaha involved in Case Crime No. 145 of 2006, under Sections 302/201 I.P.C. and Sections 3(ii)(v) of the SC/ST (PA) Act, Police Station Gangiri , District Aligarh be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the Court concerned.
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