Over 2 lakh Indian cases. Search powered by Google!

Case Details

GOPAL AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Gopal And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11399 of 2006 [2006] RD-AH 10634 (14 June 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicants Gopal and Munna   indicted in case crime No. 24   of 2006 under sections 323, 304, 504  I.P.C. P.S. Bhanwarkol  District Ghazipur . Heard  Mohd. Naushad Siddiqui, learned counsel for the applicants, learned A.G.A.  and have perused the record.

On 29.1.2006 at 6.30 A.M. the applicants are said to have subjected the informant's father (victim) to assault by wielding of lathis and stones. The injured was rushed to the hospital and succumbed to the injuries on 31.1.2006 at 8.30 P.M. The postmortem certificate indicates the presence of stitched wound measuring 7cm. size, situated on right half parietal area on scalp 10 cm. above pinna of right ear. The death was caused due to coma as a result of ante mortem head injury.

The learned counsel for the applicants submitted that both the applicants are said to have subjected the victim to assault by wielding of  lathis but the victim sustained single injury about which it is not specific as to by whom the said injury was caused. The learned counsel argued that there is a cross case of the incident the First Information Report of which was registered the same day at 10.20 A.M. and both the applicants sustained injuries in the same course of incident and were medically examined the next day.

The learned A.G.A. submitted that both the applicants subjected the victim to assault by wielding of  lathis.

I have taken into consideration the submissions advanced on behalf of both the parties.

According to the First Information Report version and the statements of the witnesses both the applicants are said to have subjected the victim to assault by giving lathi blows but the victim sustained a single head injury. There is no specific allegation as to by whom the said injury was caused. The incident had taken place during a sudden heated verbal exchange. There is a cross case and both the applicants sustained injuries during the course of the same incident.  In view of these facts, I consider it to be a fit case for bail.  

Let the applicants Gopal and Munna   indicted in case crime No. 24   of 2006 under sections 323, 304, 504  I.P.C. P.S. Bhanwarkol  District Ghazipur , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/11399/06

14.6.2006


Copyright

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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.