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Nagendra Alias Narendra Mall v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20083 of 2005  RD-AH 5630 (11 November 2005)
Cri. Misc. Bail Application No.20083/05
Nagendra @ Narender Vs. State of U.P.
Cri. Misc. Bail Application No.20278/05
Raj Kumar Vs. State of U.P.
Hon'ble M. K. Mittal, J.
Heard learned counsel for the accused applicants, learned A.G.A. And perused the record. These two applications arise out the same Crime and have been heard together and are being decided by a common order.
Accused applicants Raj Kumar Mall son of Mahendra Mall and Nagendra @ Narendra Mall son of Vijay Shanker Mall have prayed for bail in case Crime No. 222 of 2005 under Sections 147, 148, 304, 323, 504, 506, 308 IPC, P.S. Khadda, District Kushi Nagar.
Prosecution case as disclosed in the F.I.R. is that on 4.8.2005 at about 9 a. m. accused applicants along with two others namely Pankaj Mall and Bhola Gupta belaboured complainant and his father and caused them lathi injuries. After 12 days father of the complainant succumbed to his injuries. Injury report of the deceased shows that he received one lacerated wound and one traumatic swelling.
His post mortem report also shows that he had one healed linear wound, one contused abrasion and one contused swelling.
Learned counsel for the accused applicants has contended that applicants have been wrongly implicated and that no specific role has been assigned to them. He has further contended that in their statement under Section 161 Cr.P.C., the complainant has added three more accused persons to have participated in the incident.
Learned counsel for the complainant has contended that in this incident two sons of the deceased were injured. However, injuries received by the two sons of the deceased were found to be simple in nature.
Considering the facts and circumstances of the case, accused are entitled to bail.
Let the accused involved in above case Crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
The applicants shall furnish an undertaking also before the C.J.M. concerned that they 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 their bail may be cancelled.
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