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Ram Niwas v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 4914 of 2005 [2005] RD-AH 7529 (14 December 2005)


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Court No. 19

Crl. Misc. Bail Application No.  4914 of 2005

Ram Niwas.....Vs.....State of U.P.


Hon'ble Alok Kumar Singh, J.

List revised. Heard learned counsel for the applicant and also the learned A.G.A.

The applicant is involved in case crime No. 271 of 2004, for the offences under Sections  302 and 504 IPC and 27/30 Arms Act and another Case Crime No. 276 of 2004, under Section 25 Arms Act, Police Station Nigohi District  Shahjahanpur.

It is submitted on behalf of the applicant that he is entitled to bail on the ground of parity. It is pointed out that co-accused Kushi Ram who was assigned rifle, has been bailed out vide this Court's order dated 22.7.2005 passed in Crl. Misc. Bail Application No. 13688 of 2005 mainly on the ground as per post mortem report none of the injuries was caused by rifle. From the recovery memo it is evident that the bore of the weapon allegedly recovered from applicant was also 315 bore. It is, therefore, contended that this applicant also should not be deprived from being released on bail on the ground of parity, because co-accused Kushi Ram against whom the main motive was assigned with alleged weapon of same bore has been bailed out.

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 the ground of parity, without 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 on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.




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