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Ram Gahan & Others v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8459 of 2006 [2006] RD-AH 8898 (3 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).


Hon.Shiv Shanker,J.

Heard argument of learned counsel for the applicants and learned A.G.A.

According to the prosecution version, as per F.I.R.,is that accused Ram Gahan and Sirathu alias Mohan armed with lathis assaulted upon Rajeev Ranjan Singh. Consequently, he sustained injuries on his person. It is contended on behalf of the accused applicant that  Tetara Devi wife of RamGahan and Asharfi Devi wife of  Ramnath have also sustained injuries in the alleged occurrence. On the other hand, it is submitted that injured was medically examined by Doctor. He was unconscious. Serious injuries were caused by the accused. Therefore, their bail application is not liable to be allowed.

After considering the argument of learned counsel for both the parties and perusing the rejection order, it does not appear that any fracture was found in any injury of any injured person. At the time of dictating the order, the Photostat copy of the C.T. scan is produced on behalf of the complainant, which reveals that fracture was found in left parietal bone. However,  it is not certain  who caused such serious injury on the person of injured.      

After considering the facts and circumstances of the case, the bail application of the applicants is liable to be allowed on the ground of parity.

The bail application is allowed. Let  applicants  Ram Gahan and Sirathu alias  Mohan  involved in   case Crime No.45  of 2006, under Sections 323, 308, 452, 504 and 506 I.P.C., Police Station Saidraja, District Chandauli be released on bail on each of them furnishing a personal bond and two sureties each of the like amount to the satisfaction  of the concerned Court





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