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Triloki Singh And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 1299 of 2006  RD-AH 2058 (25 January 2006)
Hon'ble M. K. Mittal, J.
Heard Sri G. S. Hajela, learned counsel for the applicants, Sri U. S. Tiwari, learned counsel for the informant, learned A.G.A. and perused the record.
Learned counsel for the applicants has contended that there is cross case and the report made on behalf of the accused has also been registered and the accused of that case have been summoned in that matter by the learned Trial Court but learned counsel for the opposite party stated that no complaint has been registered and the accused have not been summoned. After this statement, learned counsel for the opposite party changed his statement that he has no instructions and he cannot say whether the persons of the complainant side have been summoned in the complaint filed on behalf of the accused persons.
Learned counsel for the accused applicant has contended that it is a cross case and injuries were received on both the sides and one of the accused also received crack fracture of proximal phalynx of middle finger at the distal end.
Considering the facts and circumstances of the case and that injuries were received on both the sides and that the question as to who is the aggressor has to be decided at the time of the Trial, but without prejudice to the merits of the case, accused are entitled to bail.
Let the accused Triloki singh and Triveni Singh in volved in Case Crime No 176 of 2005 under Sections 147, 148, 323, 324, 504, 506, 308 IPC, P.S. Bada Gaon, District Varanasi be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court Concerned. They shall also give an undertaking that they will not indulge in any criminal activity and will not cause any threat to the complainant/witnesses. If any adverse report is made against them, it shall be open for the Court below to report to this Court so that their bail may be cancelled.
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