High Court of Judicature at Allahabad
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Umesh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 24798 of 2006  RD-AH 19329 (15 November 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by the learned counsel for the applicant that the alleged occurrence had taken place in the dark hours of night at about 1.00 a.m. the place of occurrence was open place. The F.I.R. was lodged in the morning at 8.30 a.m. of 5.9.2006. It is said that the applicant and other co-accused persons had come to the house of the first informant and with the intention to commit his murder they discharged the shots, which did not hit on his persons. Accidentally, all the shots discharged by the co-accused persons hit the deceased. There was motive or intention to commit the alleged offence. It is contended that the alleged occurrence had taken place in some other manner, because the first informant has not receive any injury and F.I.R. is delayed. It was lodged after great thought and consultation.
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 Umesh involved in Case Crime No. 453 of 2005, under Sections 304, 504 and 506 I.P.C. Police Station Kampil District Farrukhabad 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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