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Madan Alias Mallu Kol v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3246 of 2006 [2006] RD-AH 8880 (3 May 2006)


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Court No. 54


Madan alias Mallu Kol Vs. State of U.P.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri Satyendra Narayan Singh, learned counsel for the applicant and learned A.G.A. for the State.

Counter affidavit is filed which is taken on record.

According to the prosecution, two years old daughter of the complainant died on account of a blow given by the accused Taulan alias Tiwari. However, since the accused Taulan alias Tiwari was brother of the complainant, he gave a false story regarding death of his daughter Km. Urmila, which was believed by the complainant and his wife Smt. Kalwati. Subsequently, when the actual story was disclosed by a five years old daughter of the complainant to his mother, who also died when she raised a hue and cry, on which the accused Taulan alias Tiwari and other accused including the present applicant killed the complainant's wife Smt. Kalawati.

The submission on behalf of the applicant is that the first information report has been registered after delay of five days. The body of Smt. Kalawati was disposed off by the accused which was subsequently recovered on 22.9.2005 yet the first information report has been registered on 24.9.2005. The role of the present applicant is of catching hold, which is given out by the five years child witness Km. Usha. Subsequently in the statement, it has been disclosed that the present applicant was holding the deceased Kalawati from her waist. However, the name of the present applicant has not been disclosed by Km. Usha in her statement, though she has stated one unknown person participated in the crime. In view of this, the case of the present applicant stands on a different footing than that of other co-accused whose names have been clearly disclosed by the complainant and Km. Usha in her statement. At this stage, the case of the present applicant can be differentiated to this extent. In the circumstances, the bail application of the present applicant is allowed.

Let the applicant Madan alias Mallu Kol be released on bail in case Crime No. 261 of 2005, under Sections 147, 323, 304, 302, 201/34 I.P.C., Police Station Haliya, District Mirzapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.




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