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Narendra Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23935 of 2006  RD-AH 19046 (10 November 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Narendra Singh involved in case Crime No. 103 of 2006 under section 307 I.P.C., Police station Dhaulana, district Ghaziabad.
Heard Sri A.P. Singh Raaghava, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that there is cross case of the incident case Crime No. 103-A of 2006 under sections 147, 148, 323, 307, 452, 504, 506 I.P.C. the FIR of which was lodged by the brother of the applicant on 11.9.2006 at 7.45 p.m. and his brother Jagdish sustained serious firearm injuries in the same course of the incident and was taken to Guru Tegh Bahadur Hospital, Delhi. The learned counsel urged that in the X-ray of the injured of the present case metallic density opacity right lateral chest wall-7 was seen and no internal damage was found. The learned counsel urged that the applicant and co-accused Jagdish are said to have opened fire at the injured but he sustained single firearm injury about which it cannot be said as to by which of the accused the said injury was caused.
The learned AGA argued that specific role of opening fire has been assigned to the applicant and injuries are on vital part of the body.
I have taken into consideration the submissions advanced on behalf of both the parties.
There is a cross case and co-accused Jagdish was critically injured in the same course of the incident. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Narendra Singh involved in case Crime No. 103 of 2006 under section 307 I.P.C., Police station Dhaulana, district Ghaziabad, 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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