High Court of Judicature at Allahabad
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Gopal And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11399 of 2006  RD-AH 10634 (14 June 2006)
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.
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