RAJEEV versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Rajeev v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14323 of 2006 [2006] RD-AH 12805 (2 August 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala, J.

This is an application for bail moved on behalf of the applicant Rajeev involved in case Crime No. 133 of 2006 under sections 147, 148, 149, 307 I.P.C., Police station Etmadpur, district Agra.

Heard Sri R. P. Dwivedi, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel for the applicant submitted that the informant and injured are accused persons in the incident of murder of the brother of the applicant in case Crime No. 325 of 2001 under sections 147, 148, 149, 307, 302, 506 I.P.C. The learned counsel submitted that the applicant has been falsely implicated due to the said case. The learned counsel pointed out that no specific role  has been assigned to the applicant in the first information report. The learned counsel submitted that the injured in his statement recorded under section 161 Cr.P.C. assigned the role  of opening fire  at him  to the applicant. The learned counsel submitted that five accused persons were arraigned but charge sheet has been submitted against three accused persons. The learned counsel pointed out that implication of two accused persons has been found to be false during investigation.

The learned AGA argued that the injured in his statement has assigned  specific role of opening fire  to the applicant.

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

The informant and injured are accused in the case of murder of the brother of the applicant. No specific role has been assigned to the applicant in the first information report. The injured in his statement assigned specific role of firing at him to the applicant. The injury is of grievous nature. In view of these facts, I consider it to be a fit case for bail.

Let the applicant Rajeev involved in case Crime No. 133 of 2006 under sections 147, 148, 149, 307 I.P.C., Police station Etmadpur, district Agra, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/-1.8.2006

Mahmood-14323-06

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