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SATISH YADAV versus STATE OF U.P.

High Court of Judicature at Allahabad

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Satish Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 7766 of 2005 [2006] RD-AH 1309 (18 January 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 19

Crl. Misc. Bail Application No.  7766 of 2005

Satish Yadav .....Vs.....State of U.P.

...

Hon'ble Alok Kumar Singh, J.

Heard learned counsel for the applicant and also the learned A.G.A.

The applicant is involved in case crime No. 814 of 2004, for the offences under Sections 302, IPC and 3(2) (5) S.C./S.T.Act, Police Station Kavi Nagar District Ghaziabad.

It is alleged that on  17.12.2004 at 8.45 p.m. 4 accused persons  came and surrounded the deceased and then applicant (Satish Yadav) fired at him due to which he died on the spot. In the post mortem single fire arm wound entry was found  which caused his death.  

In respect of genuineness of the prosecution case and the proposed evidence as also  the involvement  of the accused it was  argued  on behalf of the applicant that it is a night incident of hit and run. Concededly a single shot  was fired. The F.I.R. is suggestive  of the fact  that the witnesses  saw the occurrence in the light  of the electricity. But it was pointed out  that neither in the site plan nor in the memo of spot inspection any mention has been made about such availability of electricity and its source. The attention of the Court was drawn towards the fact that according to site plan from a distance  of about  30 steps  that from about 80 fits, the two witnesses saw the occurrence. It was further emphasized that in the site plan neither any electricity pole has been shown nor any residential house in the near by has been shown from where sufficient  electricity light could have been available. It is noteworthy that the place of occurrence is only a plot. There is no criminal history against the applicant.

The bail was, however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court  regarding  proposed evidence and genuineness of the prosecution  case were duly considered.

 In view of the entire facts and circumstances of the case, taking into  consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above, significantly  this being a night  incident   of single shot, absence  of any mention about  source of light that is electricity in the site plan  and the memo of spot inspection, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.  

Dt:18.1.06

Rkb


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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