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2022 (2) TMI 1403 - ALLAHABAD HIGH COURTSeeking grant of bail - murder - allegation of killing the farmers by making indiscriminate firing. Submission of the learned counsel for the applicant is that incorrect description of the incident is given in the F.I.R. and as a matter of fact, three persons including the driver of the vehicle of the applicant were killed by the protesters and no such incident, as alleged, in the F.I.R. had taken place. HELD THAT:- Considering the facts and circumstances of the case in toto, it is evident that as per the F.I.R., role of firing was assigned to the applicant for killing the protesters, but during the course of investigation, no such firearm injuries were found either on the body of any of the deceased or on the body of any injured person. Thereafter, the prosecution alleged that the applicant provoked the driver of the vehicle for crushing the protesters, however, the driver along with two others, who were in the vehicle, had been killed by the protesters. It is further evident that during the course of investigation, notice was issued to the applicant and he appeared before the Investigating Officer. It is also evident that the charge sheet has already been filed. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail. Let applicant - Ashish Mishra @ Monu be released on bail on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to conditions imposed - application allowed.
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