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Abdul Jahid Alias Babun v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21669 of 2005 [2005] RD-AH 7379 (13 December 2005)


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Court No. 19

Crl. Misc. Bail Application No.  21664 of 2005

Shiv Ratan alias Gullan & another.....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 applicants are involved in case crime No. 930 of 2005, for the offences under Sections 147, 148, 149, 307, 302 IPC, Police Station Kayamganj District  Farrukhabad.

It is argued that as per allegations made in the FIR, the role of main shooter has been assigned to co-accused Sugreev ( non applicant ). He has been attributed a specific role of firing and causing death of the deceased. It is further argued that the applicant did no cause any injury. Another specific allegation is against Satendra Singh who caused injury in the hand of Jaidev injured. In respect of role of the accused applicants there is common allegation for making firing. It is pointed out that the co-accused Rajvir has already been granted bail vide order dated 17.11.2005 of this Court passed in Cril. Misc. Bail Application No. 21333 of 2005. Therefore, the bail is claimed on the ground of parity.

The bail is however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.

 In view of the entire facts and circumstances of the case, taking into  consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above and also ground of parity, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicants be enlarged on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.




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