High Court of Judicature at Allahabad
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Neeraj v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 28645 of 2006  RD-AH 122 (3 January 2007)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicant and the learned A.G.A. and Sri P.C. Srivastava, learned counsel for the complainant.
It is submitted by learned counsel for the applicant that according to the prosecution version the alleged occurrence has taken place in the night of 8.8.2006. Its F.I.R. was lodged on 9.8.2006 at about 18.45. The distance of the police station was about 9 k.m. from the alleged place of occurrence. The F.I.R. has been lodged after the post mortem examination report. The post mortem examination was conducted on 9.8.2006 at 3.45 p.m. There is a delay in lodging the F.I.R. Again in the F.I.R. it is said that the applicant has discharged shots which hit the chest of the deceased but during investigation the statement of the wife of the deceased was recorded in which she stated that the applicant was having country made pistol and the shot was discharged accidentally by him.
In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Neeraj involved in case crime no. 225 of 2006 under Sections 302,307,504 I.P.C., P.S. Khair District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
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