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Raj Kumar & Another v. State Of U.P. - CRIMINAL APPEAL No. 1791 of 2006 [2006] RD-AH 17472 (10 October 2006)


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Hon'ble M. K. Mittal, J.

Appellant Raj Kumar has prayed for release on bail in criminal appeal no. 1791 of 2006 filed by him against the judgement and order dated 31.3.2006 passed by Addl. Sessions Judge, F.T.C. No. 3, Fatehpur in S. T. No. 189 of 2005 whereby  the appellant has been found guilty and convicted under Section 307/34 IPC and has been sentenced to undergo rigorous imprisonment for five years and fine has also been imposed on him.

Heard learned counsel for the appellant, learned A.G.A. and perused the record.

Learned counsel for the appellant has contended that as per evidence on record no case under Section 307 IPC is made out against the appellant Raj Kumar. According to him it has been mentioned in the First Information Report that there was provocation given by some person to the accused and on that account he fired injuring the informant. Injury report shows that there were two wounds of 0.25 cm X 0.25 cm size. No blackening and tattooing were present. He has further contended that co accused has already been directed to be released on bail by order dated 5.4.2006.

In the circumstances of the case, but without prejudice to the merits of the case, appellant be released on bail during pendency of this appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned and also on depositing the fine as imposed on him.

Dated: 10.10.2006



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