High Court of Judicature at Allahabad
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Devender Rajbhar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8240 of 2006  RD-AH 10633 (14 June 2006)
Hon. (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Devender Rajbhar involved in case Crime No. 01 of 2006 under sections 147, 148, 149, 307, 302, 308, 336, 324, 323, 353, 342, 436, 504, 506, 425, 435. I.P.C. and section 7 Criminal Law Amendment Act, Police station Pakari, district Ballia.
Heard Sri Ravindra Nath Rai, learned counsel for the applicant, Sri Subhash Yadav, learned counsel for the complainant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that the applicant is not named in the first information report and his name was disclosed by the informant in his statement recorded under section 161 Cr.P.C. The learned counsel pointed out that the role of exhortation has been assigned to the applicant. The learned counsel for the complainant argued that the applicant and co-accused formed an unlawful assembly and in pursuance of common intention of unlawful assembly they set fire to the house of the complainant and others.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicant is not named in the first information report. Co-accused Sunil and Janendra have been granted bail by this Court by an order dated 29.5.2oo6 passed in Criminal Misc. Bail Application No. 10400 of 2006. The case of the applicant stands at par with the above named co-accused. The name of the applicant came to light from the statement of the informant and the role of exhortation and setting fire the house has been assigned to the applicant. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Devender Rajbhar involved in case Crime No. 01 of 2006 under sections 147, 148, 149, 307, 302, 308, 336, 324, 323, 353, 342, 436, 504, 506, 425, 435. I.P.C. and section 7 Criminal Law Amendment Act, Police station Pakari, district Ballia, 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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