High Court of Judicature at Allahabad
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Shiv Kumar Singh @ Shiv Bahadur Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11605 of 2006  RD-AH 10580 (6 June 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Shiv Kumar Singh alias Shiv Bahadur Singh indicted in case crime No. 3 of 2006 under section 302 I.P.C. P.S. Baburi District Chandauli.
Heard Shri Ashwini Kumar Awasthi, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that the applicant is not named in the First Information Report. The learned counsel argued that fictitious recovery of country made pistol used in the commission of offence is said to have been made from the possession of the applicant after 1-1/4 months of the occurrence. The learned counsel argued that co-accused Chandra Shekhar has been enlarged on bail by the order dated 17.5.2006 passed in Criminal Misc. Bail Application No. 9510 of 2006 and the case of the applicant is similar to him with the exception that recovery of country made pistol has been made from his possession after 1-1/4 months of the incident.
I have taken into consideration the submissions advanced on behalf of both the parties.
According to the prosecution witnesses the applicant and co-accused Chandra Shekhar were seen coming out of the house of the deceased after sound of firing. The case of the applicant is analogous to that of co-accused Chandra Shekhar who has been granted bail by this court by an order dated 17.5.2006 with exception that recovery of fire arm was made from the possession of the applicant. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Shiv Kumar Singh alias Shiv Bahadur Singh indicted in case crime No. 3 of 2006 under section 302 I.P.C. P.S. Baburi District Chandauli, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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