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Brijpal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14808 of 2006 [2006] RD-AH 12259 (26 July 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).


Hon. K.N.Sinha,J.

Heard Sri Gaurav Kakkar,learned counsel for the applicant, Sri Atul Sisodia,learned counsel for complainant  and  learned A.G.A.

According to prosecution story the deceased disappeared on 18.5.2006 and dead body was recovered  in a sugar cane field on 20.5.2006. The F.I.R was lodged on 22.5.2006 whereas the dead body was recovered on 20th of May,2006. There is no explanation as to why the report was delayed  for two days. The statement of Rajiv was recorded on 18.5.2006 when he told about witnessing the incident. If it was seen by him he could have told the complainant on that very day or a day after. There is no direct evidence. The case is dependent on circumstantial evidence. Considering this I find it a fit case for bail.

Let applicant Brij Pali be released  on bail, in Case Crime No. 951 of 2006, under sections 302,201 I.P.C and Section 3(2)(5) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Chandpur, District Bijnor, on  his  furnishing a personal bond  and two  sureties  each in the like amount to the satisfaction  of Court  concerned.




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