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Ajay Choube v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21512 of 2004  RD-AH 2164 (30 August 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the parties and perused the record.
Accused Ajay Choube son of Sri Sampurnanand Choube @ Upendra Nath Choube has prayed for release on bail in Case Crime No. 645 of 2004 under Section 302 IPC P.S. Kotwali, District Ghazipur.
Prosecution case is that the accused is alleged to have shot dead Krishna Kumar brother of the complainant on 27.6.2004 at about 5.00 p.m.. It has further been mentioned in the F.I.R. that there was some dispute between the accused and the deceased about the payment of the gamble money. And at that time the complainant was also present as he was returning after purchasing the vegetables and he saw that the accused fired at his brother.
Post mortem report shows that the deceased received fire arm wound of entry 2 cm X 1.5 cm on the forehead, just above the left eyebrow with the corresponding exit wound on the occipital region of the head. Margins were lacerated and inverted.
Learned counsel for the applicant has contended that the complainant did not see the incident as in his statement as recorded on oath in the Court, he has stated that the shot was fired from back side. He also contended that the F.I.R. has been anti timed as witness has stated that the dead body remained in the P.S. Kotwali for 4-5 hours and during that period papers were also prepared.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case, accused is entitled to bail.
Let the accused named above be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
The applicant shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in criminal activities and will not cause either any threat or any physical violence to the complainant and the witnesses and their family members. If any such report is made by any of the above person either to the Court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the court below to report to this Court so that his bail may be cancelled.
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