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Prem Chand Chaubey @ Bablu Chaubey & Others v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22318 of 2006  RD-AH 17777 (16 October 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 according to the F.I.R. the applicants and 7 other co-accused persons surrounded the deceased and caused injuries by firearm, but according to the medical examination report the deceased had received only 2 gunshot wounds of entry which were having tattooing and one wadding was recovered from the injury no. 1. The injuries were caused from a close ranged. The same version has been given by the first informant and the witnesses Shiv Shankar Yadav, Ram Kripal Chamar. Thereafter, the manner of the occurrence was changed by the Investigating Agency on the basis of post mortem examination report by introducing witnesses Raju Bind, Ram Ashrey Yadav, whose names were not mentioned in the F.I.R. as witnesses, they stated that the injuries were caused by the applicants. It is further contended that the presence of the first informant at the place of occurrence is highly doubtful.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicants and without expressing any opinion on the merits of the case, the applicants are entitled to be released on bail.
Let the applicants Prem Chand Chaubey @ Bablu Chaubey, Uma Yadav and Manish Shukla involved in Case Crime No. 187 of 2006, under Sections 147, 148, 149, 302 I.P.C. and Sections 3(2)(5) of the s.C./S.T. (P.A.) Act, Police Station Jigna District Mirzapur 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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