High Court of Judicature at Allahabad
Case Law Search
Kailash And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11117 of 2006  RD-AH 10604 (12 June 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicants Kailash and Kunwarpal indicted in case crime No. 108 of 2006 under sections 147, 304, 452, 323, 504, 506 I.P.C. P.S. Kasganj District Etah.
Heard Shri Jai Narain Rajput, learned counsel for the applicants, learned A.G.A. and have perused the record.
On 16.3.2006 at about 2 P.M. the applicants and co-accused are said to have subjected Raju Awasthi to assault by sticks, Lathi and illicit weapons. The postmortem certificate indicates stitched wound 4 cm. on the left side of head and two abrasions. The death was caused due to coma as a result of ante mortem injury.
The learned counsel for the applicants submitted that the role of subjecting the deceased to assault has been assigned to the applicants and five co-accused persons but the victim sustained single fatal injury about which is not specific as to by whom the said injury was caused. The learned counsel submitted that co-accused Liladhar and Udai Pal have been granted bail by this court by an order dated 5.6.2006 passed in Bail Application No. 10637 of 2006 and the case of the applicants is similar to that of co-accused.
The learned A.G.A. submitted that role of subjecting the deceased to assault has been assigned to the applicants who are named in the First Information Report. The learned counsel argued that the co-accused Liladhar and Udai Pal released on bail by this court, are named in the First Information Report.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicants and five co-accused are said to have subjected the victim to assault. The deceased sustained a single head injury besides two abrasions and died as a result of coma. No specific role has been assigned to the applicants. The applicant Kailash is not named in the First Information Report. The case of the applicants is not distinguishable from co-accused Liladhar and Udai pal. In view of these facts, I consider it to be a fit case for bail.
Let the applicants Kailash and Kunwarpal indicted in case crime No. 108 of 2006 under sections 147, 304, 452, 323, 504, 506 I.P.C. P.S. Kasganj District Etah. , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Double Click on any word for its dictionary meaning or to get reference material on it.