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STTAI versus STATE OF U.P.

High Court of Judicature at Allahabad

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Sttai v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 6461 of 2006 [2006] RD-AH 9941 (19 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

Reserved

Crl Misc  Bail Application No. 6461 of 2006

Sattu...Vs....... State of U.P.

................

Hon'ble Ravindra Singh, J.

This application is filed by the applicant Sattu with a prayer that he may be released on bail in case crime no. 132 of 2005, under Section 302 I.P.C. and Sections 3(2)(v) of the  S.C./S.T.(P.A.) Act, P.S. Chandaus,   district Aligarh.

The prosecution story, in brief, is that in the present case the F.I.R. was lodged by one Lakhpat Singh at P.S. Chandaus on 15.11.2005 at 11.30 p.m.  in respect of the incident, which had occurred on 15.11.2005 at about 9.30 p.m. The distance of the police station was about 4 km from the alleged place of occurrence.

It is alleged that the applicant came to the deceased and asked to go with him to attend the marriage ceremony of his maternal uncle's son . The deceased went on the motorcycle of Pramod, where the liquor was provided  to the deceased by the applicant. On 15.11.2005 at about 9.00 p.m. the applicant, Pramod and the deceased came on the same motorcycle up to the Gomad Chauraha, but near that Chauraha Pramod was shifted to a maruti car and the applicant along with the deceased proceeded further on the motorcycle. The motorcycle was driven by the deceased and the applicant was its pillion rider , but in the way the applicant used knife blows on the person of the deceased. Consequently, he fell down from the motorcycle. After causing the injuries by knife the deceased was murdered. The alleged occurrence was witnessed by Pramod.

Heard Sri A.K. Srivastava learned counsel for the applicant and learned A.G.A..

It is contended by the learned counsel for the applicant that the alleged occurrence had taken place in the night. The presence of the witnesses was highly doubtful. There had been an accident of the deceased with other heavy vehicle but after receiving the dead body of the deceased the present story was concocted. The applicant was having no motive and intention to commit the alleged offence and  nothing incriminating has been recovered from the possession of the applicant or at his pointing out. The applicant is having no criminal antecedents. The prosecution story is not corroborated by the post mortem examination report because the deceased had received 7 injuries in which injuries no. 1 to 3 are incised wounds. The injuries no. 4 to 7 are multiple abrasions. The abrasions have not been explained, it  shows that the alleged occurrence had not been witnessed by any person. It has occurred in some other manner.

It is opposed by the learned A.G.A by submitting that the applicant is the main accused. He had taken the deceased from his house to attend the marriage engagement ceremony. The applicant caused injuries by using knife blows. The deceased had received 3 incised wounds. The abrasions have been received due to fall from the motorcycle because at the time of driving of that motorcycle the applicant caused injuries by knife from the back side and there is no reason of  false implication. The alleged occurrence was witnessed by Pramod and others. The F.I.R. was promptly lodged in the same night at 11.30 p.m., therefore, the applicant is not entitled for bail.

After considering the facts and circumstances of the case, submissions made by the learned counsel for the applicant, learned A.G.A. and  and considering the nature of the offence and its gravity and without expressing any opinion on the merits of the case the applicant is not entitled for bail, therefore, the prayer for bail is refused.

Accordingly, the bail application is rejected.

Dated:19 .5.2006.

Rcv


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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