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Raju Alias Lalit Kumar Upadhyay v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16676 of 2006 [2006] RD-AH 13526 (17 August 2006)


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 Court No. 46

Crl  Misc    Bail Application No. 16676 of 2006

Raju alias Lalit Kumar Upadhyay...Vs.... State of U.P.


Hon'ble Ravindra Singh, J.

This bail application has been  filed by the applicant Raju alias Lalit Kumar Upadhyay  with  a prayer that he may be released on bail in case crime no. 96 of 2006, under Sections 147, 148, 149, 307, 302, 504 and 506 I.P.C. , P.S. Dubaulia,   district Basti.

Heard Sri R.C. Yadav and Sri Ajai Yadav learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Prabhakar Singh learned counsel for the complainant.

The prosecution story, in brief, is that the F.I.R.  has been lodged by one Dinesh Yadav at police station Dubaulia on 11.4.2006 at 11.30 a.m. in respect of the incident which had occurred  in the night of 11.4.2006 at 10.45 a.m. The distance of the police station is about 1 ½ kms from the place of occurrence. It is alleged that the applicant and co-accused Durga discharged the shots by country made pistol. Consequently, the deceased received injuries. According to the post mortem examination report the deceased has received 2 firearm wounds of entry and one firearm wound of exit. It is contended that the alleged occurrence had taken place in  a lonely place. The deceased was a man of bad character having multicornered enmity. The applicant has been falsely implicated in this case.  It is contended that there was no motive or intention for the applicant to commit the alleged offence. After 18 days of the alleged offence the statement of cousin of the deceased was recorded .  The name of the applicant has been introduced because of partibandi in respect of panchayat election. There is no independent witness to support the prosecution story, therefore, the applicant may be released on bail.

In reply of the above contention the learned A.G.A.  and learned counsel for the comp  submit that the alleged occurrence had taken place in broad day light at about 10.45 a.m. Its F.I.R. was promptly lodged at 11.30 a.m. the specific role of causing injuries is assigned to the applicant and other co-accused Durga Upadhyaya. According to post mortem examination report both the injuries were caused by firearm and having blackening and charring and both the injuries are on vital part of the body. There was strong motive for the applicant to commit the alleged offence, therefore, the applicant may not be released on bail.

After considering the facts and circumstances of the case, submissions made by the learned counsel for the applicant, learned A.G.A  and considering the nature of the offence and its gravity and without expressing any opinion on the merits of the case the applicant is not entitled for bail, therefore, the prayer for bail is refused.

Accordingly, the bail application is rejected.

Dated: 17.8.2006.



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