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GUNDER AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

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Gunder And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 270 of 2006 [2006] RD-AH 655 (10 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.270 of 2006

Gunder and another .....Vs.....State of U.P.

...

Hon'ble Alok Kumar Singh, J.

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

The applicants Gunder and Sanjay are involved in case crime No. 275 of 2005, for the offence under Sections 364,302,201 I.P.C.,  Police Station Kithore, district Meerut..

According to the prosecution case  the murder of Pramod Kumar  was committed on 9.9.2005. The first information report was lodged on 19.9.2005 saying that the deceased had gone with  Ran Veer Singh ( non applicant). On 22.9.2005 second  report  was lodged by the same informant at about  1.00 p.m. to the effect  that witnesses Bhavee Chandra  had told about  witnessing  the murder of the deceased  in the Bageecha ( garden) out side the village by 4 persons namely Ran Veer  (non applicant) Jagresh (non applicant) and Gunder and Sanjay  ( both applicants). In the post mortem report  3,4,5 and 6 ribs were found fractured on the right side  similarly on the left  side  4,5,6 and 7 ribs  were found fractured. Besides sternum was also found fractured which was caused the death. No other external injury was found  on the body.

Against  the genuineness of the prosecution case and the proposed evidence as also  involvement  of the accused it was  argued  that the presence of both witnesses namely Viaji Singh and Bhawani Chand  is highly improbable because there is no specific explanation that had they really seen the murder  being committed, why at all they kept mum for such a long period  of 13 days. It was also emphasized  that the alleged manner does not find support by the medical  evidence. According  to allegations both the applicants were catching hold of hands, Ran Veer ( non applicant) was catching hold of legs and Jagresh (non applicant) was catching hold of his neck. But no injury/ fracture has been found on legs, hands or neck. On the converse ribs  and sternum were found fractured which caused  death according to doctor as per post mortem report. It was also argued that even if the allegations are taken to be true on the face value, the only allegation against the applicant is that of catching hold of hands while the main role  of catching hold of neck has been assigned to Jagresh (non applicant)

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

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court  regarding  proposed evidence and genuineness of the prosecution  case were duly considered.

 In view of the entire facts and circumstances of the case, taking into  consideration some of the arguments advanced on behalf of the applicants in respect of the points discussed herein above, significantly  non disclosure by both the witnesses of same village for about 13 days, non corroboration of alleged manner by the medical evidence and the role  of only catching hold of hands by the applicants,   without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicants be enlarged on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.  

Dt. 10.1.2006.

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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