High Court of Judicature at Allahabad
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Phool Singh & Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 25369 of 2006  RD-AH 1479 (29 January 2007)
Hon'ble Ravindra Singh, J.
Sri Sujeet Kumar Singh and Sri Dharmendra Singh, learned counsel for the complainant are not present. It is submitted by Sri Vinay saran, learned counsel for the applicants that notice was sent to them but they refused to receive the same.
Heard the learned counsel for the applicant and learned A.G.A for the State of U.P.
It is submitted by learned counsel for the applicants that according to the prosecution version the alleged occurrence has taken place in the night of 30/31.8.2006 at about 2.00 or 3.00 a.m. at the tube-well of the deceased. At that time the deceased was sleeping. It is said that the applicants and other co-accused persons went at the place of occurrence and caused injury on the person of the deceased by using danda and sariya blows. They were seen in the torch light. The F..R. of this case has been lodged on 1.9.2006 at about 1.35 a.m., the distance of the police station was about 7 k.m.. It is alleged that the incident was witnessed by the cousin and uncle of the first informant. there delay in lodging the F.I.R. The explanation given by the first informant is not plausible. It is further contended that the dead body of the deceased was found in the morning thereafter the F.I.R. was lodged. Nobody has seen the alleged incident. The applicants are having no criminal antecedent.
In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicants and without expressing any opinion on the merits of the case the applicants are entitled to be released on bail.
Let the applicants Phool Singh and Siya Ram involved in case crime no. 354 of 2006 under Sections 302 I.P.C., P.S. MohammadabadDistrict Farrukhabad 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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