High Court of Judicature at Allahabad
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Bhupendra Singh @ Bablu v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 19704 of 2005  RD-AH 5502 (10 November 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the accused applicant, learned counsel for the complainant, learned A.G.A. and perused the record.
Accused applicant Bupendra Singh @ Bablu has prayed for release on bail in Case Crime No. 177 of 2005 under Sections 304, 323, 504 IPC, P.S. Chandauli, Dstrict Chandauli.
According to prosecution case accused applicant along with three others is alleged to have belaboured Tufani Singh, father of the complainant Amresh Chandra Singh on 7.9.2005 at about 5.30 p.m. on account of old enmity. At that time accused persons were armed with lathi, danda and hockey and all the four persons are alleged to have given blows to the deceased when his son Ashok Kumar came to save, he was also beaten by the accused persons.
Injury report of the deceased shows that he received one lacerted wound on the right posterior part of head and one traumatic swelling and three abrasions on other part of the body. Injured Ashok also received one lacerated wound, three abrasions, which were found to be simple in nature.
The contention of learned counsel for the accused applicant is that it is a cross case and the accused applicant and Ashutosh Kumar, co accused also received injuries. He has further contended that Ashutosh has also filed a case and it has been registered as Crime No. 177-A on 22.9.2005.
The contention of learned counsel for the accused applicant is that four persons are alleged to have given blows to the deceased but he received only one injury on his head and question as to who was aggressor is to be decided in this matter.
Learned counsel for the accused complainant has contended that according to witness Vivek fatal blow was given by the accused applicant.
Considering the facts and circumstances of the case, accused is entitled to bail.
Let the accused involved in above case Crime be released on bail on his furnishing a personal bond and 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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