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Satyavir And Another v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 1749 of 2007  RD-AH 2177 (9 February 2007)
Criminal Misc. Bail Application No. 1749 of 2007
State of U.P...................................Respondent.
Hon'ble Ravindra Singh,J.
Heard Sri Digvijay Singh, learned counsel for the applicants, learned A.G.A. for State of U.P., Sri S.N. Singh and Sri Anil Kumar, learned counsel for the complainant.
It is contended by the learned counsel for the applicants that there is a cross version of the alleged incident. From both sides, F.I.R. have been registered and both sides have received injuries. From the side of the prosecution one person has lost the life and one person has received injuries. From the side of the applicants one person namely Satya Prakash son of the co-accused Chatar Singh received injury. The injuries received by the applicants side have not been explained because the injured Satya Prakash had received head injury and there was a fracture to right temporal bone. He was medically examined on 18.9.2006 at about 3.30 p.m. at S.N. Medical College, Hospital, Agra.
In reply to the above contention it is submitted by the learned A.G.A. and the leaned counsel for the complainant, that the cross F.I.R. was registered in Case Crime No. 326A of 2006 under section 147,307,452,323,504 I.P.C. in which final report has been submitted. In fact, it was not a cross case because in both the cases the place of occurrence are different even the time of occurrence is not the same. Satya Prakash who allegedly received injuries from the applicants side is not an accused in the present case and his house was far away from the alleged place of occurrence. Therefore, the accused persons were having no right of self defense.
Considering the facts, circumstances of the case and the submission made by the learned counsel for the applicants and the learned A.G.A. and the learned counsel for the complainant and considering the fact that Satya Prakash son of the co-accused Chatar singh had received head injury, which was having fracture in the right temporal bone, the house of the applicants was in front of the alleged place of occurrence and without expressing any opinion on the merits of the case, the applicants are entitled for bail.
Let the applicants Satyaveer and Chatar Singh, involved in case crime no. 326 of 2006 under Sections 147,324,504,307 302 I.P.C., P.S. Sadabad District Hathras be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the condition that the applicants shall not tamper with the evidence and they shall report to the court of C.J.M. concerned in the first week of each month till conclusion of the trial to show his good conduct and behaviour.
In case of default of any of the above condition, the bail granted to the applicants shall be deemed cancelled and the applicants shall be taken into custody by the C.J.M. concerned.
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