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Suraj Pal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21421 of 2005  RD-AH 8829 (2 May 2006)
Court No. 54
CRIMINALMISC. BAIL APPLICATION NO. 21421 OF 2005.
Suraj Pal Vs. State of U.P.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri Arun Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
Counter affidavit has been filed on behalf of the State which is taken on record.
According to the first information report, the occurrence is alleged to have taken place on 24.7.2005 at 11.00 A.M. and the report was lodged at 11.15 A.M. on the same day. The present applicant along with other co-accused are alleged to have caused Fawara injuries to the deceased. Post mortem report shows as many as five incised wounds. Post mortem report supports the allegation in the first information report.
The argument advanced on behalf of the applicant is on the inquest report. It has specifically been mentioned in paragraph 7 of the affidavit filed in support of the bail application that the Investigating Officer has mentioned at the top of Panchayatnama as "Daryaft Hawali D.H.E. 868 at 7.00 A.M. on 24.7.2005". It is thus evident that the deceased was done to death some times before 7.00 A.M. on 24.7.2005 and Panchayatnama was performed as Daryaft Hawali at 7.00 A.M. The first information report was not in existence at the time of preparation of the Panchayatnama. This specific averment of paragraph 7 has not been properly replied in the counter affidavit. On the basis of assertions made in paragraph 7 of the affidavit, learned A.G.A. has confirmed from the case diary that the original Panchayatnama also mentions that the Panchayatnama was prepared as Daryaft Hawali at 7.00 A.M.
Looking to the facts and circumstances of the case and without giving any opinion on merit, this bail application is allowed.
Let the applicant Suraj Pal be released on bail in case Crime No. 268 of 2005, under Section 302 I.P.C., Police Station Aliganj, District Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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