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Bhagat v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14298 of 2006  RD-AH 12123 (25 July 2006)
CRIMINAL MISC.II BAIL APPLICATION NO. 14298 OF 2006
State of U.P............................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard Mrs. Renu Srivastave, learned counsel for the applicant and learned A.G.A. for the State.
This is second bail application on behalf of the applicant. The first bail application was rejected by this Court on 17.4.2006. While rejecting the first bail application, I had taken into consideration the dying declaration of the deceased recorded on 25.9.2005 naming the present applicant, who caused injuries to him.
The second bail application has been filed on a solitary ground that this dying declaration has no relevancy since, there was no permission from the doctor.
Learned A.G.A. was allowed time to apprise this Court as to whether the doctor was present at the time of recording the dying declaration of the deceased and had certified that the patient was in a fit condition to give his statement or not?
I have been informed that there is no such certificate of the doctor available in the case diary or opinion of the doctor that the injured/deceased was in a fit condition to give dying declaration. It is also brought to my notice that at the relevant time, he was in I.C.U. in a critical condition.
In view of this new development, the second bail application is allowed.
Let applicant Bhagat s/o Budh Singh be released on bail in Case Crime No. 308 of 2005 under Section 302 I.P.C., Police Station 39 Noida, District Gautam Budh Nagar on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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