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Dashrath Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 24256 of 2006 [2006] RD-AH 19098 (13 November 2006)


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Hon'ble Ravindra Singh, J.

  Heard learned counsel for the applicant and the learned A.G.A.

        It is submitted by learned counsel for the applicant that according to the prosecution version the alleged occurrence has taken place in the dark hours of night at about 8.00 p.m. on 15.5.2006. Its F.I.R. was lodged on 15.5.2006 at about 22.00. The distance of the police station from the alleged placed of occurrence is about 12 k.m. It is said that the applicant and co-accused Arjun and Kunwar alias Gangu were armed with country made pistol. They discharged shots consequently the deceased received injuries. The other co-accused caused injuries by using lathi and pharsa blows. According to the post mortem examination report  Sunil alias Tribhuwan had received one gun shot wound of entry having its exit wound. The remaining injuries were incised wound and multiple abrasion and the deceased Shiv Sharan alias Pappu  did not received any injury caused by fire arm. He had received six injuries in which five injuries were incised wounds and one injury was multiple abraded contusion. It has not been specified as to whose shot hit the deceased Sunil. The case of the applicant is distinguishable with the case of other co-accused who caused injuries by using knife and lathi.

In view of the facts and circumstances of the case and 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 Dashrath  Singh  involved in case crime no. 58      of 2006  under Sections 147,148,149,307 and 302  I.P.C.,P.S. Moosa Nagar  District Kanpur Dehat be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

Dated: 13.11.2006



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