High Court of Judicature at Allahabad
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Raju v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15630 of 2006  RD-AH 12811 (2 August 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by learned counsel for the applicant that the applicant was named with some other co-accused persons in the F.I.R. by Smt Rama Devi the mother of the deceased, but during investigation she stated under Section 161 Cr. P. C. that she has wrongly named the applicant and other co-accused persons and gave a different version, but after 2 ½ months of the alleged occurrence the statements of Constables Ravi Shankar Dwivedi and Pramod Singh were recorded, who had brought the deceased to the hospital, in which they stated that the deceased had disclosed the name of the applicant. It is contended that according to post mortem report the tracia of the deceased was cut and the statements of the constables are too much delayed, therefore, no reliance can be placed on their statements. There is no other evidence against the applicant.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Raju involved in Case Crime No. 351 of 2005, under Sections 364, 302 and 120-B I.P.C., Police Station Sector- Kakadeo , District Kanpur Nagar be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
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