High Court of Judicature at Allahabad
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Chhotey v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14993 of 2006  RD-AH 14765 (30 August 2006)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicant and the learned A.G.A.
It is submitted by learned counsel for the applicant that the alleged occurrence had taken place in the dark hours of night at about 3.00 a.m. on 21.7.2006. It is said that the applicant and two other persons discharged shot consequently the deceased received injuries. According to the post mortem examination report the deceased has received one gun shot wound of entry. Therefore, under section 161 Cr.P.C. the witnesses stated that the shot discharged by the applicant hit the deceased. The F.I.R. was lodged at about 7.30 a.m. it is alleged that somebody caused injury on the person of the deceased in the dark hours of night. The witnessing of the incident is unbelievable.
In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Chhotey involved in case crime no. 255 of 2005 under Sections 147,148,149,302 I.P.C., P.S. Aliganj District Bareilly be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
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