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SURESH GAUR versus STATE OF U.P.

High Court of Judicature at Allahabad

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Suresh Gaur v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11079 of 2006 [2006] RD-AH 10626 (12 June 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. (Mrs.) Saroj Bala, J.

This is an application for bail moved on behalf of the applicant Suresh Gaur involved in case Crime No.  C-4 of 2006 under sections 147, 302, 201, 506 I.P.C., Police station Barhaj, district Deoria.

Heard Sri Manish Tiwari, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel for the applicant submitted that  co-accused have been granted bail by the Sessions Court. The learned counsel for the applicant urged that the case of the applicant is not distinguishable from the case of co-accused. The submission of the learned counsel was that in the chemical examination of viscera ethyle alcohol was found. The learned counsel argued that no poison  was found in the viscera of the deceased. The learned counsel canvassed that the cause of death could not be ascertained, therefore, viscera was preserved which  has been found negative for poison.

The learned AGA submitted that in the post mortem report  asphyxia due to smothering has also been mentioned as the cause of death. The learned counsel pointed out that motive for commission of the offence has been attributed to the applicant.

I have taken into consideration the submissions advanced on behalf of both the parties.

The viscera preserved for chemical examination has been found negative for poison. No specific role has been assigned to the applicant.  All the co-accused have been granted bail by the Sessions Court. The case of the applicant is not distinguishable from the case of co-accused. In view of these facts, I consider it to be a fit case for grant of bail.

Let the applicant Suresh Gaur involved in case Crime No.  C-4 of 2006 under sections 147, 302, 201, 506 I.P.C., Police station Barhaj, district Deoria, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/-12.6.2006

Mahmood-11079-06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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