High Court of Judicature at Allahabad
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Pawan Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23158 of 2006  RD-AH 18347 (30 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 the applicant is not named in the F.I.R. The allegled occurrence had taken place on 26.6.2006 at about 3.00 a.m. Its F.I.R. was lodged on the same day at 4.30 a.m. It has been specifically mentioned in the F.I.R. that 3 persons received injuries in the said incident and one of the injured Mamraj has disclosed the facts to the first informant, thereafter, the F.I.R. was lodged, but subsequently, Smt Safalata succumbed to injuries, but during investigation on 17.7.2006 the affidavits have been filed by the witnesses and their statements were recorded on 10.8.2006 in which the name of the applicant and other accused persons have been disclosed . Co-accused Sompal, whose case is on the same footing with the case of the applicant, has been released on bail by this court on 22.9.2006 in Criminal Misc Case No. 19701 of 2006.
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 Pawan Kumar involved in Case Crime No. 1458 of 2006, under Sections 304 and 326 I.P.C., Police Station Najibabad District Bijnor 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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