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Shiv Kumar @ Shiboo v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17767 of 2006  RD-AH 14401 (25 August 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant, learned A.G.A. and Sri Jagdish Prasad Mishra learned counsel for the complainant.
It is submitted by learned counsel for the applicant that according to F.I.R. co-accused Lala discharged the shot which hit the deceased from the back. It is further submitted that according to F.I.R. it was alleged that other co-accused Ashok alias Kana also discharged the shot. Subsequent, role of firing has been assigned to the applicant and other co-accused persons. According to post mortem examination report the deceased received only on gunshot wound of entry having its exit wound. Co-accused Ashok alias Kana has been released on bail by this court on 23.4.2004 in criminal misc bail application no. 14652 of 2003. The case of the applicant is on the same footing with the case of co-accused who has been granted bail.
Learned A.G.A. and learned counsel for the complainant has opposed this bail application by submitting that the applicant has not surrendered immediately after the occurrence. He has surrendered after initiation of the proceedings under Sections 82 and 83 Cr. P. C.
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 Shiv Kumar alias Shiboo involved in Case Crime No. 440 of 2002, under Sections 307, 302, 201/34 I.P.C. Police Station Kotwali, District Muzaffarnagar be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the Court concerned with the condition that the applicant shall report to the police station concerned in the first week of each month till conclusion of the trial and the S.H.O. of P.S. Concerned shall send the report of his appearance to the C.J.M. concerned every month and he shall not tamper with the evidence.
In default of the above condition it shall be open to the C.J.M. concerned to cancel the bail granted to the applicant.
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