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VIVEK TIWARI versus STATE OF U.P.

High Court of Judicature at Allahabad

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Vivek Tiwari v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10857 of 2005 [2006] RD-AH 10593 (8 June 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 10

Criminal Misc. Bail Application No. 10857 of 2006

Takseer                             Vs.                      State of U.P.

Hon'ble V.D.Chaturvedi J.

Heard.

On 31.1.2006 at about 7.00 pm. a quarrel took place between the son of the complainant's sister Smt.Nagina and son of the applicant Takseer; that on account of the said quarrel a hot altercation took place between Takseer and Smt.Nagina. When Takseer was abusing Smt.Nagina,  the complainant's father Abdul Rahman, aged about 60 years reached there and objected against abusing by Takseer; that co-accused Kallu exhorted Takseer whereupon Takseer after taking his licensed gun fired several shots from the roof. Kallu also reached on the roof and made several fires from the country made pistol; that the complainant's father and mother both sustained the fire arm injuries in the occurrence. The complainant's father died on the spot. The mother of the complainant was taken to the hospital for her treatment.

The F.I.R. was lodged in the same night at 12.00p.m. The deceased sustained fire arm wounds of entry 1.5cm. X 1.5cm. X cavity deep below and lateral to right nipple and its corresponding exit wound and one lacerated wound 5cm.x 3cm. X muscle deep.

Learned counsel for the applicant accused contended that there is no mention in the post mortem report that the injuries were from upward to down ward; that the motive was not strong to commit the murder; that according to FIR the firing was made by the applicant and co-accused from the roof of the Takseer whereas in site plan the firing is shown from the house of Tawarak; that there is no mention about the source of light.

I have perused the F.I.R. and also the statement of the complainant recorded after lodging of the F.I.R. and have seen the site plan. The house of Tawarak,Mubarak and Takseer are adjacent to each other and the roof of these three houses is common. It is not therefore much material  that from which of the roofs the shots were fired. The F.IR was lodged within four hours. The distance of police station is seven km.  I am unable to agree with the contention of the learned counsel for the applicant that shots which caused injuries to the father and mother of the complainant, were fired by co-accused and not by the applicant. The motive is attributed to the applicant. The occurrence took place after the hot altercation between the applicant and the sister of the complainant therefore the omission to mention the source of light loses its importance. Besides the murder of the father of the complainant,  the complainant's mother also sustained fire arm injuries.

In view of the above circumstances I do not find it a fit case for bail.

The bail application is rejected.

Dt.8.6.2006

Hsc/


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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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