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Gulab Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 25654 of 2006  RD-AH 19882 (23 November 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 alleged occurrence had taken place in the dark hours of night at the tube well of the deceased. It is said that the applicant and two other co-accused persons had committed the offence, but during investigation it has been specifically alleged that the co-accused Vijayee Yadav was having axe. The applicant was not having any weapon. The case of the applicant is distinguishable with the case of Vijayee Yadav because the deceased had received injury caused by sharp edged weapon.
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 Gulab Yadav involved in Case Crime No. 206 of 2006, under Sections 302, 504 and 506 I.P.C. and Sections 3(2)(5) S.C./S.T.(P.A.) Act, Police Station Karma, District Sonbhadra 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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