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MANGRU versus STATE OF U.P.

High Court of Judicature at Allahabad

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Mangru v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8839 of 2005 [2005] RD-AH 3685 (29 September 2005)

 

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

Criminal Misc. Bail Applicaion No. 8839 of 2005

Mangru ........ Vs............ State of U.P.

Hon'ble Ravindra Singh,J.

Heard Sri S.A. Lari, learned counsel for the applicant and the learned A.G.A. and Sri K.D. Tiwari, learned counsel for the complainant.

This application is filed by the applicant Mangru   with the prayer that he may be released on bail in Case Crime no. No. 47 of 2004 Under Sections  307/324 I.P.C.  P.S. Kubair Asthan    district Kushinagar.

From the perusal of the record it  reveals that in the present case the F.I.R. was lodged by Sri Damodar Tiwari, on 21.2.2005 at 8.15 P.M. in respect of the  incident which had occurred on 21.2.2005 at 7.30 P.M. The distance of the police station was about half k.m.

According to the prosecution version the applicant caused injuries by using knife blows on the person  of the injured Amresh Mani Tripathi, the son of the first informant. After receiving the injuries the injured fell down and started crying. The witnesses came at the place of occurrence and the applicant was arrested on the spot whereas two unknown miscreants successfully run away from the place of occurrence. The medical examination report of the injured Amresh Mani Tripathi shows that he received penetrating wounds on the abdomen.

It is contented by the learned counsel for the applicant  that in the present incident, the applicant has also received injuries. He was medically examined on 22.2.2005 at 11 A.M. He had received 7 injuries.  It was a pure case of mar-peet. He was badly beaten  and apprehended by the associates of the first informant. The injuries of the applicant have not been explained.

It is opposed by the learned A.G.A. by submitting that the applicant is the sole accused who caused injuries on the person of the injured by using knife blows. He caused injuries on the vital  part of the body. The injured was admitted for surgery in B.R.D. Medical College, Gorakhpur on 21.2.2005 and discharged on 10.3.2005. The injuries were grievous in nature.  The applicant was arrested by the public during the course of arrest some injuries were caused. The injuries are either abrasion, contusion or swelling. The applicant was arrested on the spot. There was  no scope of his false implication.

Considering the facts and circumstance of the case and the submission made by the learned counsel for the applicant and learned A.G.A. and  without expressing any opinion on the merits of the case the applicant is not entitled for bail at this stage.  

Accordingly this bail application is rejected.

Dt. 29 .09.2005

NA


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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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