High Court of Judicature at Allahabad
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Achchey Lal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11078 of 2006  RD-AH 10598 (12 June 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Achchey Lal indicted in case crime No. 27 of 2006 under sections 304, 201 I.P.C. P.S. Naraini District Banda .
Heard Shri Anil Srivastava, learned counsel for the applicant, learned A.G.A. and have perused the record.
On 18.3.2006 at about 2 P.M. the applicant is said to have subjected the complainant's husband to assault with spade as a result of which her husband lost two teeth and blood started oozing out. The learned counsel submitted that the family members and the applicant assured to look after the family of the deceased and dead body was cremated the next day at 6 A.M. The applicant declined to make payment for funeral and jeep charges. The First Information Report was lodged the next day at 2.15 P.M.
The learned counsel for the applicant submitted that there is no evidence indicating that the injury caused by the applicant resulted in the death of the victim. The learned counsel argued that there was not motive for killing.
The learned A.G.A. submitted that specific role of mounting murderous assault with spade has been assigned to the applicant.
I have taken into consideration the submissions advanced on behalf of both the parties.
There is no evidence to show that the injury alleged to have been caused by the applicant was sufficient in the ordinary course of nature to cause death. The First Information Report was lodged after a lapse of 24 hours. There is no postmortem certificate of the deceased. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Achchey Lal indicted in case crime No. 27 of 2006 under sections 304, 201 I.P.C. P.S. Naraini District Banda be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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