High Court of Judicature at Allahabad
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Kalu v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18473 of 2006  RD-AH 15680 (8 September 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A. and Sri Sameer Jain learned counsel for the complainant.
It is submitted by learned counsel for the applicant that according to prosecution version the alleged occurrence had taken place on 2.7.2006 at 5.00 p.m. Its F.I.R. was lodged on the same day at 8.05 p.m. It is said that the applicant and other co-accused persons were seen in the running condition when they were fleeing away from the place of occurrence. According to the F.I.R. it is alleged that the firing was done by the applicant and other co-accused persons, but in the inquest report it is mentioned that the deceased has died due to gunshot injuries and throttling, but in the F.I.R. there is no such version of throttling. It is contended that the F.I.R. is ante timed and the first informant is witnessed of the inquest report.
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 Kalu involved in Case Crime No. 97 of 2006 under Section 302 I.P.C. Police Station Syana, District Bulandshahar be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
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