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Radhey Shyam Sharma Master v. State Of U.P. & Another - CRIMINAL MISC. BAIL APPLICATION No. 25905 of 2006 [2006] RD-AH 20054 (27 November 2006)


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Hon'ble Ravindra Singh , J.

Heard learned Counsel for the applicant,  learned A.G.A. and Sri Hemendra Pratap Singh learned counsel for the complainant.

It is submitted by learned counsel for the applicant that in the present case the F.I.R. has been delayed by 15 days. It was lodged on 26.5.2004 at 8.30 a.m. in respect of the incident which had occurred from 11.5.2004 to 12.5.2004. The investigation was done by the local police, who came to conclusion that the applicant has not committed the alleged occurrence, but thereafter, the investigation was transferred to the C.B.C.I.D.  The witness Ranveer son of the first informant and Bachan Singh did not disclose the name of the applicant in their statements recorded under section 161 Cr.P.C. whereas they disclosed the name of four other accused.

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 Radhey Shyam Sharma Master involved in Case Crime No. 137 of 2004, under Sections 147, 302, 201 I.P.C. and Section 3(2) 5 S.C./S.T.(P.A.) Act,  Police Station  Gawahan , District Aligarh 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

Dt: 27.11.2006

Rcv/ 25905-06


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