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JASWANT versus STATE OF U.P.

High Court of Judicature at Allahabad

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Jaswant v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8156 of 2006 [2006] RD-AH 8702 (1 May 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

Hon'ble Ravindra Singh , J.

Heard learned Counsel for the applicant and learned A.G.A.

It is submitted by learned counsel for the applicant that in the present case the F.I.R. was lodged under Section 308/504 I.P.C., but the injured died on the same day. Therefore, the case was converted  under Section 304/504 I.P.C. According to prosecution version the alleged occurrence had taken place on 6.12.2005 at about 7.30 a.m. Its F.I.R. was lodged on 6.12.2005 at 9.35 a.m. The distance of the police station was about 6 km. from the alleged place of  occurrence. According to prosecution version itself there is some altercation between the deceased and accused persons. It is said that the applicant put spade kept near the deceased and caused injuries on his person. Other co-accused did the marpeet with the deceased, but the prosecution story is not corroborated by medical evidence, because according to post mortem examination report the deceased has received 4 incised wounds where as it is alleged that the applicant had used only one spade blow. There was no motive for the applicant to commit the alleged offence. The alleged occurrence had taken place in a sudden quarrel.

After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Jaswant   involved in Case Crime No. 237 of 2005, under Sections 304 and 504 I.P.C. , Police Station Sajeti , District Kanpur Dehat be released on bail on his furnishing a personal bond and two   heavy sureties each of the like amount to the satisfaction of the Court concerned.

Dt: 1.5.2006

Rcv/8156-06


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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