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Brijendra Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20451 of 2005  RD-AH 5392 (9 November 2005)
Court No. 23
Criminal Misc. Bail Application No. 20451 of 2005
Brijendra Singh Vs. State of U.P.
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the applicant, learned A.G.A. and learned counsel for the complainant.
It is submitted by the learned counsel that the F.I.R. speaks of participation of as many as seven accused persons in this incident of murder. The assailants are said to have used licensee fire arms whereas the post mortem report discloses presence of only four injuries. Out of them three are of gun shot wounds and fourth injury is incised wound whereby the bone underlying the wound had been fractured from which the brain matter has come out. Learned counsel, thus, submits that all the seven accused persons are said to have fired on the deceased but there are only three injuries of fire arms. The other wound which is incised one, does not find any explanation from the story as demonstrated in the F.I.R. It is also submitted that the deceased had a criminal history and he was convicted and sentenced to ten years rigorous imprisonment. The F.I.R. is inordinately delayed and has been lodged after 18 hours without any explanation whatsoever given in the F.I.R.
On the other hand, it is submitted by the learned counsel for the complainant that the explanation of delay in lodging of the F.I.R. has come in the statement given by the complainant under Section 161 Cr.P.C. that the informant was not permitted by the accused persons to leave the village and approach the police for lodging the F.I.R. It is also submitted that the presence of incised wound has been connected with the details of the incident given in the statement of complainant and the witnesses subsequent to lodging of the F.I.R.
In view of the aforesaid facts and circumstances, it appears to be a fit case for release on bail.
Let the applicant namely Brijendra Singh, involved in Case Crime No. 121 of 2005, under Sections 147, 148, 149, 302 I.P.C. and 3(2) (5) S.C. and S.T. Act, Police Station Jalalpur, District Hamirpur, be released on bail subject to his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned.
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