High Court of Judicature at Allahabad
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Ram Pal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8198 of 2006  RD-AH 10901 (4 July 2006)
Hon. (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Ram Pal arraigned in case Crime No. 38 of 2006 under sections 302, 504 I.P.C. and section 3 (ii) (v) of SC & ST. Act, Police station Ushait district Budaun.
Heard Sri Ram Babu Sharma, learned counsel for the applicant, learned AGA and have perused the record.
The applicant and three co-accused are said to have mounted murderous assault on the husband of the informant. The co-accused opened fire from country made pistols and the applicant gave knife blows. The applicant is said to have been armed with knife. The motive behind the commission of the offence is said to be murder of the brother of co-accused Ladaitey and Naresh.
The learned counsel for the applicant submitted that the eye witnesses Ram Bharosey, Mahaveer and Chattarpal have assigned the role of catching hold of the victim to the applicant in their statements recorded under section 161 Cr.P.C.
The learned AGA submitted that the informant who is an eye witness has assigned the role of subjecting the victim to murderous assault by wielding of knife to the applicant in the first information report as well as in her statement recorded under section 161 Cr.P.C. The learned counsel pointed out that in the post mortem certificate four incised wounds were found on the dead body.
I have taken into consideration the submissions advanced on behalf of both the parties.
The eye witnesses namely Ram Bharosey, Mahaveer and Chattarpal have assigned the role of catching hold of the victim to the applicant. The above named eye witnesses have not stated that the applicant was armed with knife. However, the wife of the deceased has assigned the role of subjecting the victim to assault with knife to the applicant. Since three eye witnesses have not corroborated the statement of the informant, I consider it to be a fit case for bail.
Let the applicant Ram Pal arraigned in case Crime No. 38 of 2006 under sections 302, 504 I.P.C. and section 3 (ii) (v) of SC & ST. Act, Police station Ushait district Budaun, be released 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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