High Court of Judicature at Allahabad
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Diwan Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22703 of 2006  RD-AH 18416 (1 November 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Diwan Singh involved in case Crime No. 607 of 2006, under sections 147, 332, 353, 504, 506, 326 394, 411, I.P.C. and section 7 of Criminal Law Amendment Act, Police station Mandawer, district Bijnor.
Heard Sri Onkar Singh, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that the applicant is not named in the first information report. The learned counsel urged that the name of the applicant came to light from the statements of police witnesses recorded under section 161 Cr.P.C. The learned counsel pointed out that recovery of carbine 9 mm with magazine containing 15 cartridges was made from the possession of co-accused Tej Pal.
The learned AGA submitted that the applicant and co-accused subjected the police party to assault and looted the carbine.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicant having not been named in the first information report and no recovery having been made from his possession, I consider it to be a fit case for bail.
Let the applicant Diwan Singh involved in case Crime No. 607 of 2006, under sections 147, 332, 353, 504, 506, 326 394, 411, I.P.C. and section 7 of Criminal Law Amendment Act, Police station Mandwer, district Bijnor, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned
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