High Court of Judicature at Allahabad
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Durga And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17993 of 2006  RD-AH 14944 (31 August 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicants and learned A.G.A.
It is submitted by learned counsel for the applicants that in the present case the F.I.R. has been lodged on 25.3.2006 at 8.00 a.m. in respect of the incident which had occurred on 24.3.2006 at 11.00 p.m. The distance of the police station was 6 kms from the alleged place of occurrence. The F.I.R. was lodged by the brother of the deceased. In the F.I.R. nobody was named in the F.I.R. as accused, but during investigation the I.O. has recorded the statements of Krishna Gopal the son of the deceased on the same day who claimed himself to an eye witness. It is contended that if the incident was witnessed by the son of the deceased it would have been immediately disclosed by him and the applicants would have been named in the F.I.R. The naming of the applicants is after thought.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicants and without entering into the merits of the case, the applicants are entitled to be released on bail.
Let the applicants Durga and Gopal Ji involved in Case Crime No. 77 of 2006, under Section 302 I.P.C., Police Station , Sheoli District Kanpur Dehat be released on bail on their furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the Court concerned .
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