SUNIL MISHRA versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Sunil Mishra v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16807 of 2006 [2006] RD-AH 13697 (18 August 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ravindra Singh , J.

Heard learned Counsel for the applicant, learned A.G.A.

It is submitted by learned counsel for the applicant that an unknown dead body was recovered on 2.10.2004. thereafter, its inquest report was prepared and post mortem examination was conducted. Thereafter, in the present case the F.I.R. has been lodged on 7.11.2004 at  4.30 p.m. in respect of the incident which had occurred on 1.10.2004 at 4.00 p.m. The F.I.R. is delayed without any plausible  and even according to the F.I.R. only the evidence of last seen is against the applicant and there is not other evidence. During investigation no direct eye witness account has come forward and nothing incriminating has been recovered from the possession of the applicant or his pointing out.

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 Sunil Misra involved in Case Crime No. 8  of 2006,under Sections 364, 302, 201 I.P.C. and Sections 3(ii) (v) of the S.C./S.T.(.A.) Act Police Station Bargarh, District Chitrakoot 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.

Dt: 18.8.2006

Rcv/16807-06

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