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Prakash v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16382 of 2006  RD-AH 14384 (25 August 2006)
Crl. Misc. Bail Application no. 16382 of 2006
Prakash . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .Applicant .
State of U.P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Opp.Party.
Applicant, Prakash has applied for bail in this case crime no. 419 of 2005 under sections 307 I.P.C. of police station Mirzapur district Shahjahanpur.
I have heard learned counsel for the applicant and learned A.G.A. for the State.
The prosecution case, according to the F.I.R. lodged by Ram Kumar brother of Sheesh Ram at police station Mirzapur district Shahajahanpur on 19.9.2005 at about 11.30 P.M., is that on above date at 8.30 P.M. Ram Kumar and Sheesh Ram were seeing C.D. at the door of Ram Kripal Chauhan and at that time Shri Krishna and Prakash having country made pistols in their hands fired at Sheesh Ram. Consequently, Sheesh Ram received fire arm injuries. This F.I.R. was lodged on 19.9.2005 at 11 P.M. and on the basis of this F.I.R. a case was registered under section 307 I.P.C. against the accused persons.
The applicant has alleged that he is innocent and has been falsely implicated in this case.
The learned counsel for the applicant submitted that in this case co-accused Shri Krishna has been granted bail by Hon. R.N. Misra,J. vide order dated 3.3.2006 passed in Crl. Misc. Bail Application no. 23895 of 2005 on the ground that injured Sheesh Ram had filed a complaint in respect of this very incident and in that complaint he had stated in his statement u/s 200 Cr.P.C. that fire was done by Dharam Pal and not by Shri Krishna. I have summoned that file and copy of statement of Sheesh Ram in that case which reveals that he had stated that actually Dharam Pal had caused fire arm injuries to him and Shri Krishna & Prakash were simply standing there and had done nothing and the police had not registered the case against Dharam Pal after taking money from him.
Without expressing any opinion on the merits of the case but taking into consideration all the facts and circumstances pointed out above, I am of the view that the applicant deserves to be bailed out.
Let the applicant named above be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties in the like amount to the satisfaction of the court concerned.
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