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Lakhan And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20196 of 2005  RD-AH 5012 (27 October 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the accused applicant, learned A.G.A. and perused the record.
Accused applicants Lakhan and Kalloo both sons of Ramza Dhimer have prayed for release on bail in case Crime NO. 88 of 2005, under Section 304 IPC, Police Station Panwari, District Mahoba.
According to prosecution case on 11.2.2005, Chaitu @ Chet Ram, Mangal Singh sons of Moti lal and the brother of the complainant were returning from their field at that time Chaitu had his country made gun in his hand. When they reached near the house of Lakhan Dhimer, Chaitu said to Lakhan that "?khejksa D;k dj jgs gks". Then Lakhan asked him to mind his language; on that Chaitu started abusing and Lakhan asked him not to abuse. At that time Chaitu hit them with the butt of the gun. Thereafter accused along with co accused Chattu son of Lakhan Dhimer gave Kulhari blows to deceased Chaitu, who died as a result thereof.
Post mortem report shows that deceased received incised wounds.
Learned counsel for the accused applicant has contended that it is a case of sudden provocation and provocation was given by the deceased himself as he was abused and then gave butt blows. He has further contended that deceased was criminal and has filed list of 23 cases involving the deceased.
In the circumstances of the case but without prejudice to the merits of the case, accused is entitled to bail.
Let the accused involved in above case crime be released on bail on their furnishing 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 activity and will not cause either any threat or any physical violence to the complainant and the witnesses and their family members. 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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