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2023 Supreme(All) 1083

RAJEEV MISRA
Rohit – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Applicant : Ajay Kumar Dwivedi.

JUDGMENT :

1. Heard Mr. Ajay Kumar Dwivedi, the learned counsel for applicants and the learned A.G.A. for State

2. Perused the record.

3. Instant application for bail has been filed by applicants-Rohit and Shyamsunder seeking their enlargement on bail in Case Crime No. 331 of 2023 under Sections 304, 308, 323 I.P.C. Police Station-Tundla, District-Firozabad, during the pendency of trial.

4. Record shows that in respect of an incident which is alleged to have occurred on 23.04.2023, a delayed F.I.R dated 29.04.2023 was lodged by first informant Akash Kumar and was registered as Case Crime No. 331 of 2023 under Sections 308, 323 I.P.C. Police Station-Tundla, District-Firozabad,. In the aforesaid F.I.R. two persons namely Rohit and Shyamsunder (applicants herein) have been nominated as named accused.

5. After aforementioned F.I.R. was registered, Investigating Officer proceeded with statutory investigation of aforesaid case crime number in terms of Chapter XII Cr.P.C. Thereafter, inquest (panchayatnama) of the body of deceased was conducted. In the opinion of the witnesses of inquest (panch witnesses), the nature of death of deceased was characterised as homicidal. Subsequent to above,

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