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MAHENDRA PAL versus STATE OF U.P.

High Court of Judicature at Allahabad

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Mahendra Pal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 61 of 2006 [2006] RD-AH 338 (5 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 19

Crl. Misc. Bail Application No.61 of 2006

Mahendra Pal .....Vs.....State of U.P.

...

Hon'ble Alok Kumar Singh, J.

.

Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.

The applicant Mahendra Pal is involved in case crime No. 196 of 2005, for the offence under Sections  452,302, I.P.C.,  Police Station Shahi, district Bareilly.

It is alleged that on 5.6.2005 in the night accused Mahendra son of Asharfilal (applicant) came to the residence of the deceased and asked her to accompany him and on refusal, she was killed. The incident  was witnessed by her younger sister. In the postmortem report the cause of death was found to be shock and hemorrhage as a result of anti mortem injuries. One entry wound and its corresponding exit wound of firearm was found on the body of the deceased.

In the context of involvement of the accused and the genuineness  of the prosecution  case,  the attention of the court was drawn towards the statement  made by  the sole eye witness Km. Kusum under Section 161 Cr.P.C. ( annexure 3), wherein she clarified that Mahendra son of Laturi         ( non applicant) was a person who fired with his country made pistol while  applicant Mahendra son of Asharfilal  was having knife  in his hand. It was emphasized  that there was no knife injury  on the body of the deceased. He has no criminal history to his credit.

The bail is, however, opposed by the learned A.G.A

In the aforesaid facts  and circumstances and particularly  in the absence of any knife injury on the body of the deceased  without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.  

Dt. 5.1.2006.

Rkb.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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