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Nagendra Singh @ Sethi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15190 of 2006  RD-AH 12393 (27 July 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
The prosecution story of this case, in brief, is that in the present case the F.I.R. has been lodged by Ashok Kumar Gupta at P.S. Kotwali on 10.8.2005 at 7.15 p.m. in respect of the incident which had occurred on 10.8.2005 at 6.20 p.m. In the F.I.R. co-accused Rajdhani and Pappu alias Dharmendra have been named and two miscreants were unknown. It is alleged that co-accused Dharmendra alias Pappu was arrested on the spot, but the name of the applicant was disclosed by the first informant on the same day in his statement recorded under Section 161 Cr. P. C.
It is submitted by learned counsel for the applicant that the name of the applicant has been disclosed by the first informant after thought. If the applicant was known to the first informant his name should have been mentioned in the F.I.R. It is further contended that according to statement also the applicant has not caused injury , because the role of causing injury is assigned to co-accused Rajdhani. It is further contended that co-accused Pappu alias Dharmendra, who was arrested on the spot, has been released on bail on 20.6.2006 in Criminal Misc Bail Application No. 23101 of 2005. The case of the applicant is on the better footing with the case of above mentioned co-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 the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Nagendra Singh alias Sathi involved in Case Crime No. 160 of 2006, under Sections 307 and 302 /34 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Kotwali City, District Etah 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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