RAJESH versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Rajesh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8159 of 2006 [2006] RD-AH 8731 (1 May 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

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 according to prosecution version the alleged occurrence had taken place on 5.2.2006 at about 5.00 p.m. Its F.I.R. was lodged on 5.2.2006 at 8.15 p.m. The F.I.R. was lodged under Section 294, 324, 323, 504 and 506 I.P.C., but subsequently, injured Jagatsingh died on 8.2.2006, thereafter, Section 304 I.P.C. was also added. It is contended that there was no motive or intention for the applicant to commit the alleged offence. Even according to prosecution version itself the alleged offence was taken place all of sudden at the house of the applicant where the deceased and other persons have gone to make protest against the conduct of the applicant. It is further contended that in the said incident applicant Rajesh and Devkaran the brother of the applicant had also received incised wound who were medically examined on 6.2.2006 at 9.00 a.m. and 9.15 a.m. The deceased has received incised wound on the scalp and injured Devkaran had received incised wound on the right leg. The applicant has taken the plea of the same offence. It is contended that the F.I.R. of the applicant was not lodged , but thereafter, an application under Section 156(3) Cr. P. C. has been moved by the father of the applicant in the Court of C.J.M., J.P. Nagar which is pending.

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 Rajesh   involved in Case Crime No. 116 of 2006, under Sections 304  I.P.C. , Police Station Gajraula , District J.P.Nagar 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.

Dt: 1.5.2006

Rcv/8159-06

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