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Badshah @ Dal Chandra v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20225 of 2006  RD-AH 16854 (26 September 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 according to the prosecution version the alleged occurrence had taken place on 13.4.2006 at about7.00 p.m. According to the F.I.R. the first informant could not go to the police station to lodge the F.I.R. due to night but surprisingly, the time of the F.I.R. is 1.30 a.m. on 4.4.2006, which shows that the F.I.R. is ante timed. It is further contended that according to the F.I.R. the co-accused Chokhey Lal discharged shot by the gun, co-accused Ram Swaroop and Badshah caused injury on the person of the deceased by Banka blows. According to the post mortem examination report the deceased had received one gun shot wound of entry and one incised wound. The role of causing incised wound has been given to the two persons. It has not been specified whose blow hit the deceased. During investigation the manner of the occurrence has also been changed and three new persons have been added as accused, because in the F.I.R. four persons were named as accused now the cahrge sheet has been submitted against 7 persons.
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 Badshah alias Dal Chandra involved in case crime no. 179 of 2005 under Sections 302,120-B,34 I.P.C., P.S. Barkheda District Pilibhit 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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