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Gopi Charan Nam Deo v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21686 of 2005  RD-AH 6710 (1 December 2005)
Court No. 19
Crl. Misc. Bail Application No. 21686 of 2005
Gopi Charan Nam Deo.....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and also the learned A.G.A.
The applicant is involved in case crime No. 305 of 2005, for the offences under Section 302 IPC, Police Station Kalpi District Jalaun.
It is argued on behalf of the applicant that in the rejection order itself it is mentioned that only one injury of cutting was found in the neck of the victim. It was argued before the Sessions Court that knife was only with the co-accused Sushil Kumar ( non applicant). But the bail was rejected on the ground that prima facie there is evidence on record that all the three co-accused persons dragged the victim from the road side to the agricultural field and that co-accused Sushil Kumar had cut her throat. The learned Sessions Judge further observed that this shows involvement of the accused also and therefore, he rejected the bail.
Vide order 23.11.2005 time was granted to the learned A.G.A. to file counter-affidavit but no counter-affidavit appears to have filed. However, the learned A.G.A. opposed the bail application.
In view of the entire facts and circumstances of the case and after considering some of the arguments advanced on behalf of the applicant as mentioned herein above, without any prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail for the offences indicated above, 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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