High Court of Judicature at Allahabad
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Om Prakash v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15458 of 2006  RD-AH 12668 (1 August 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant, learned A.G.A. and Sri Mohit Singh learned counsel for the complainant.
It is submitted by learned counsel for the applicant that the applicant is real brother of the deceased. The alleged occurrence had taken place in a sudden quarrel. It was not pre-intended . It is said that the applicant used a chain blow on the person of the deceased, consequently, he became unconscious, thereafter, he died, but according to post mortem report no anti mortem injury was seen. The cause of death could not be ascertained, therefore, the viscera was preserved and no internal damage was found.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Om Prakash involved in Case Crime No. 421 of 2006, under Sections 304 I.P.C., Police Station Mundha Pandey, District Moradabad 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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