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Karan v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 13923 of 2004  RD-AH 1807 (1 August 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant has filed supplementary affidavit today. Keep it on record.
Accused applicant Karan has prayed for release on bail in Case Crime No. 234 of 2004 under Sections 304 IPC & 3(2)(5) S.C./S.T. Act, P.S. Indrapuram, District Ghaziabad.
According to F.I.R. the accused is alleged to have given knife blow to Suraj Prakash father in law of the complainant on 20.5.2004 at about 9.30 a.m., when the deceased was sitting on the roof of the house where he lived. It has also been mentioned in the F.I.R. that prior to this incident accused and his brother had taken the daughter of the deceased to Delhi and they returned in late night. Deceased was reprimanding the accused person and three others, who had come there. There was exchange of words and the accused applicant picked up something like knife that was lying there and gave a blow to the deceased as a result of which he fell down from the roof to gallery. Post mortem report shows that he received incised wound of 4 cm X 4 cm on the left side of the Abdomen. Learned counsel for the applicant has contended that there was no source of light; that no other injury was found on the body of the deceased, although he is alleged to have fallen from the roof. He further contended that it is a case of sudden provocation and the accused had no intention to kill the deceased. F.I.R. shows that accused picked up something like knife and gave blow. It shows that he had not come with the intention to kill the deceased.
In the circumstances of the case, accused is entitled to bail.
Let the applicant Karan involved in case crime no. 234of 2004 under section 304 IPC and 3(2)(5) S.C./S.T. Act, P.S. Indrapuram District Ghaziabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
The applicant shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in any criminal activities and will not cause either any threat or any physical violence to the injured/complainant and his family members and to the witnesses of the case. If any such report is made by any of the above person either to the Court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the court below to report to this Court so that his bail may be cancelled.
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