High Court of Judicature at Allahabad
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Raja Bhaiya Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15254 of 2006  RD-AH 12489 (28 July 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Raja Bhaiya Yadav indicted in case crime No. 39 of 2006 under sections 394, 342, 307 I.P.C. and 7 of Criminal Law Amendment Act P.S. Baberu District Banda.
Heard Shri D.D. Yadav, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that applicant had fought election of Pradhan against Munna Singh and he has been falsely implicated due to enmity of election. The learned counsel urged that no recovery of looted property has been made from the possession of the applicant though he was arrested at the spot. The learned counsel contended that incident had taken place at 8.30 P.M. but the First Information Report was lodged at 2.30 A.M. i.e. after a delay of about six hours.
The learned A.G.A. submitted that applicant opened fire at Munna Singh and caused him injury and was arrested at the spot.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicant was arrested at the spot but no recovery of looted property was made from his possession. The applicant was medically examined the same day at 4.15 A.M. and nine injuries were found on his person. It being a case of no recovery, I consider it to be a fit case for bail.
Let the applicant Raja Bhaiya Yadav indicted in case crime No. 39 of 2006 under sections 394, 342, 307 I.P.C. and 7 of Criminal Law Amendment Act P.S. Baberu District Banda , 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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