BALO versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Balo v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5237 of 2005 [2005] RD-AH 4981 (27 October 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Reserved

Criminal Misc. Bail Application No. 5237 of 2005

Balo .Applicant

..... vs. .....

State of U. P. Opposite party.

HON. K.N. SINHA, J.

Heard learned counsel for the applicant and learned A.G.A. assisted by Sri D.K. Srivastava, learned counsel for the complainant.

This bail application has been moved on behalf of Balo son of Ram Prasad in case crime no. 139 of 2004 under sections 307, 504 and 506 Indian Penal Code, police station Farah district Mathura.  

According to the F.I.R., the occurrence took place on 21.11.2004 at 9.00 PM, when applicant and three others attacked over the complainant's family.  Two bullets had hit the complainant's wife Smt. Munni in the eye and head and one bullet hit Smt. Gita wife of Hukam Singh.

I have perused the counter affidavit and the rejoinder affidavit.  Smt. Munni had received a lacerated wound over left temporal region with soft tissues protruding out.  The CT scan and X-ray was advised.  Annexure No. CA-2 annexed with the counter affidavit shows that Smt. Munni has lost vision in her left eye.  The bullet was also found in the left shoulder of injured Smt. Geeta.

Learned counsel for the applicant has filed rejoinder affidavit and statement of Hari Singh, Nihal Singh, Smt. Gita and Smt. Munni.  He has also argued that there is some contradiction wherein Hari Singh has stated that all the four fired shots.  Similar statement was given by Nihal Singh.  In the statement of injured Smt. Gita Devi it has come that on the exhortation of non-applicant Baniya, the present applicant and two others fired shot.  Smt. Munni Devi has also stated that Baniya exhorted but he also fired one shot besides other applicants.

In my opinion, it hardly needed any observation and there is no contradiction.

Considering these, I do not find any force.  The bail application is hereby rejected.

Dt. 27.10.2005

RKS/Crl.MBA/5237/05

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