High Court of Judicature at Allahabad
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Brijpal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14808 of 2006  RD-AH 12259 (26 July 2006)
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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