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DHARMVEER versus STATE OF U.P

High Court of Judicature at Allahabad

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Dharmveer v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 6216 of 2007 [2007] RD-AH 7746 (26 April 2007)

 

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

Hon'ble M. K. Mittal, J.

Accused applicant Dharmveer son of Mishri has prayed for release on bail in Case Crime No. 153 of 2006, under Sections 147, 148, 149, 307, 302, 504 IPC, P.S. Shikarpur, District Bulandshahar.

Heard Sri Rajeev Goswami, learned counsel for the applicant, Smt. Archana Tyagi, learned counsel for complainant, learned A.G.A. and perused the material on record.

Learned counsel for the applicant has contended that applicant has been falsely implicated in this case and that he is alleged to have caused knife injuries whereas other co accused are alleged to have been carrying farsa, sword, fawra and Ganasa.

He has also contended that injuries as found on the body of the deceased could not have been caused by knife and that applicant lived separately from other co accused and has been implicated on account of enmity only.

He has further contended that two persons namely Rajendra and co accused Aadesh also received injury on the side of the applicant but their report was not lodged and even the medical could not be done as they were not allowed to go by the complainant side. However, medical report has been filed which shows that the injuries were 5-7 days old and there were only two contusions on the body of each of these two persons.

Learned counsel for the complainant has contended that accused and four others attacked the deceased Ram Kumar and when his mother, bhabhi and dewar came to save they were also attacked. In this incident three persons received injuries on the side of the complainant besides the deceased although their injuries were found to be simple.

She has also contended that the applicant was the main accused and he had to pay the money back to the deceased.

In the circumstances of the case, but without prejudice to the merit of the case, applicant  is not entitled to bail at this stage and his application is liable to be rejected and is hereby rejected.

Dated: 26.4.2007

RKS/6216/06


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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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