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Pappu Pandey Alias Shashi Bhushan Pandey v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 336 of 2006 [2006] RD-AH 808 (12 January 2006)


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Court No. 19

Crl. Misc. Bail Application No.336 of 2006

Pappu Pandey alias Shashi Bhusan Pandey .....Vs.....State of U.P.


Hon'ble Alok Kumar Singh, J.

Heard   learned counsel for the applicant and learned A.G.A. and also perused the material on record.

The applicant is involved in case crime No. 553 of 2005, for the offence under Sections 302/ 120-B, I.P.C.,  Police Station Shahpur, district Gorakhpur.

According to the prosecution story  on 23.10.2005 some  eunchs were going,  on an Aarmada taxi.  At about 9.45 a.m. two persons,  who were waiting from before, got the vehicle stopped. Out of them one person put the country made pistol on the temporal region of the driver and threatened  the passenger  to give  away their ornaments. In the process one of them also fired at Khushbu eunch due to which she died on spot.

In respect of genuineness of the prosecution case and proposed evidence  as also the involvement of the accused  it was argued that the report  was lodged  against unknown persons. The arrest of the applicant has been shown on 25.10.2005 but no identification was got done. There was also no recovery from the accused applicant. The theory of loot was disbelieved  by  none other  than investigating agency itself. Subsequently, the story took turn and it was said that  one eunch with the help of Ranjit Viswas  got this murder committed. The main allegation  of shooting is against Pappu Nishad ( non applicant). There is no criminal history against the applicant.  

The bail is, however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court  regarding  proposed evidence and genuineness of the prosecution  case were duly considered.

 In view of the entire facts and circumstances of the case, taking into  consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above, significantly   the report  being against unknown persons but no identification taking place, also no recovery from the applicant  and the main allegation of shooting being against Pappu Nishad ( non applicant) and the theory of looting having being disbelieved  by the investigating agency itself, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.  

Dt. 12.1.2006.



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