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Prakash v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16382 of 2006 [2006] RD-AH 14384 (25 August 2006)


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Court No.10

  Crl. Misc. Bail Application no. 16382 of 2006                              

Prakash . . . . .  . . .  .  .  . .  . . . .  . . . .. .  . .  . . . . . .   . .  .Applicant .


State  of U.P.  . . . . . . . . .  . . . .  . . . .  . . .  . .  . . . .   . . . .Opp.Party.


Hon'ble R.K.Rastogi,J.

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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