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KHEMA versus STATE OF U.P.

High Court of Judicature at Allahabad

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Khema v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9993 of 2006 [2006] RD-AH 10636 (14 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 the second  application for bail moved on behalf of the applicant Khema involved in case Crime No.  1160 of 2004 ( S.T. No. 560 of 2004) under sections 302, 307, 504, 506, 34 I.P.C.  and  section  27 Arms Act, Police station Kotwali City, district Bijnor.

Heard Sri Ravi Sinha, Advocate, holding brief of Sri D.K. Srivastava, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel for the applicant submitted that the first bail application moved on behalf of the applicant and co-accused Teekam Singh and Jogendra Singh was rejected  of this Coyrt by an order dated 20.5.2005 and the trial court was directed to conclude the trial within a period of six months from the date of production of a certified copy of the order. The learned counsel submitted that co-accused Teekam Singh has been granted bail by this Court by an order dated 28.4.2006 passed in Criminal Misc. Bail Application No. 21268 of 2005 whereas co-accused Raghu has been granted bail by this Court by an order dated 31.3.2005 passed in Criminal Misc. Bail Application No. 2499 of 2005. The learned counsel submitted that the applicant  placed in similar circumstances is entitled to bail on the ground of parity with co-accused Teekam Singh.

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

The trial court was directed to conclude the trial within a period of six months from the date of production of  certified copy of the order dated 20.5.2005. The trial has not yet concluded. The role of firing has been assigned to  all the accused including the applicant. In view of these facts, I consider it to be a fit case for grant of bail.

Let the applicant Khema involved in case Crime No.  1160 of 2004, S.T. No. 560 of 2004 under sections 302, 307, 504, 506, 34 I.P.C.  and  section  27 Arms Act, Police station Kotwali City, district Bijnor, be released on bail on furnishing personal bond with two  sureties each in the like amount to the satisfaction of the court concerned.

D/-14.6.2006

Mahmood-9993-06


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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