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Shiv Das Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22783 of 2006  RD-AH 18197 (27 October 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by learned counsel for the applicant that according to the F.I.R. the applicant and other co-accused persons discharged the shots. Consequently, the deceased received injuries, but during investigation the shots discharged by co-accused Pappu Singh hit the stomach of the deceased and the shots discharged by the co-accused Raghuram hit the head of the deceased. It is said that the applicant has also discharged the shots, but it has not been alleged that the shots discharged by the applicant hit the deceased. According to the post mortem examination report the deceased has received 2 gunshot wounds of entry. The injury no. 1 is gunshot wound of entry on the head and the injury no. 2 is gunshot wound of entry on the abdomen. The case of the applicant is distinguishable with the case of co-accused Pappu Singh and Raghuram Singh.
After considering the facts and circumstances of the case and the 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 Shiv Das Singh involved in Case Crime No. 1118 of 2006, under Sections 147, 148, 149,504, 506 and 302, I.P.C., Police Station Khalilabad District Sant Kabir Nagar be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
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