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Ram Bhuwal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22316 of 2005  RD-AH 5123 (3 March 2006)
Crl. Misc. Bail Application No. 22316 of 2005
Ram Bhuwal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Applicant.
State of U.P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opp.Party.
Counter and rejoinder affidavits filed today. Keep on record.
The applicant, Ram Bhuwal has applied for bail in this case crime no. 299 of 2005 under section 304 I.P.C. of police station
Gola district Gorakhpur.
I have heard learned counsel for the applicant and the learned A.G.A. for the State.
The prosecution case starts with a F.I.R. lodged by Bikanoo resident of village Hatwa at police station Gola District Gorakhpur on 7.7.2005 at 7.30 A.M. It was stated therein that Bikanoo resides in village Bharsi ( Hatwa ) police station Gola district Gorakhpur. He has got three daughters and has got no son. His daughter Israwati was married with Ram Bhuwal. They had been residing at his house for the last twenty years. On 6.7.2005 at about 5 P.M. Ram Bhuwal and his son Dan Bahadur and daughter Khushboo were present at his house. Israwati was grazing a goat. At that time Dan Bahadur abused his father Ram Bhuwal. Ram Bhuwal got excited and he took a knife which was lying there and went to Dan Bahadur to terrorize him. However, the knife hit Dan Bahadur on the left side of the chest. Thereafter Bikanoo was taking Dan Bahadur for treatment but he died in the way. Bikanoo could not go to police station in the night due to non-availability of any vehicle and he went to the police station in the morning and lodged this report. It was further stated that this incident was witnessed by Israwati, Khusboo, his wife Smt. Katwari Devi, Tejoo, Shiv Lagan etc.
On the basis of this report the police registered a case under section 304 I.P.C. against the accused and after completion of the investigation submitted a charge sheet.
The applicant has alleged that he is innocent and has been falsely implicated in this case. His learned counsel submitted that even according to the prosecution allegation this incident had taken place due to sudden provocation and there was no intention of the accused to kill Dan Bahadur and the knife had accidentally hit Dan Bahadur resulting into his death. He further submitted that during trial the statements of Bikanoo P.W.1 and Israwati P.W.2 have been recorded. It may be mentioned that Bikanoo is the maternal grand father of the deceased and Israwati is real mother of the deceased. Both of them have stated before the court that they had not seen the accused causing any injury to the deceased. It was submitted by the learned counsel for the applicant that under these circumstances, bail should be granted to the applicant.
Without expressing any opinion on the merits of the case but taking into consideration the facts and circumstances pointed out above, I am of the view that the applicant deserves to be bailed out. His bail application is, therefore, allowed.
Let the applicant, Ram Bhuwal be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the trial court.
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