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Narendra @ Buddhu v. State Of U.P. - CRIMINAL APPEAL No. 4593 of 2006  RD-AH 6543 (10 April 2007)
Hon'ble M. K. Mittal, J.
Appellant Narendra @ Badhu son of Sri Brahm Singh has prayed for release on bail in Criminal Appeal No. 4593 of 2006 filed by him against the judgement and order dated 7.8.2006 passed by Addl. Sessions Judge, F.T.C. No. 1, Kairana, District Muzaffarnagar in Sessions Trial No. 209 of 2001 whereby the appellant has been found guilty and convicted under Sections 307, 506(2) IPC and has been sentenced to undergo rigorous imprisonment up to ten years and fine has also been imposed on them with default stipulation.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the appellant has contended that accused is alleged to have given dav blows on the neck of victim causing injuries in his neck. When he tried to save he gave second blow causing injury on his hand and as a result of injuries bones underneath were also fractured.
He has also contended that he has been falsely implicated on account of family dispute and he has no concern with the land which is alleged to be disputed between complainant side and his pattidar. He has also contended that there is delay of six days in lodging of the First Information Report and that accused is in jail since 7.8.2006 and was earlier in jail for about six months.
In the circumstances of the case, but without prejudice to the merits of the case, appellant be released on bail during pendency of this appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned and on depositing Rs. 10,000/- as fine and the rest of the fine shall remain stayed during pendency of this appeal. The fine so deposited shall be paid to the injured as directed by the learned Trial Court forthwith.
He shall also give an undertaking that he will not indulge in any criminal or antisocial activity and shall not threaten the witnesses directly or indirectly and if any report is found against them, it shall be open for the Court below to report the matter to this Court, after inquiry, so that his bail may be cancelled.
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