High Court of Judicature at Allahabad
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Islam And Others v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13396 of 2006  RD-AH 11171 (10 July 2006)
Hon. (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicants Islam, Pappu and Zulfiquar Khan alias Tinny arraigned in case Crime No. 153 of 2006 under sections 147, 148, 307, 302, 323, 504 I.P.C., Police Station Gursahaiganj, district Kannauj.
Heard Sri Irfan U. Huda, learned counsel for the applicants, learned AGA and have perused the record.
The applicants are said to have mounted murderous assault on informant's brother by wielding of lathi and stick. The victim died on the spot. Co-accused Idris and Sama mounted assault on Ayyub alias Kallu. The post mortem certificate indicates presence of L.W. 4 cm x 1 cm x bone deep on top left side back of head occipital region and fracture of occipital of parietal bones and abraded contusion 6 cm x 2 cm on left forearm upper 1/3. The death was caused due to ante mortem injuries.
The learned counsel for the applicants submitted that the applicants sustained injuries during the same course of the incident and were medically examined on 10.2.2006. The learned counsel urged that all the three applicants are said to have subjected the victim to assault but the victim sustained only two injuries about which it is not specific as to by which of the applicants the said two injuries were caused.
The learned AGA urged that there is no first information report of the cross version and the injuries found on the person of the applicants are of simple nature. The learned counsel submitted that all 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 repot and ocular account of the incident the applicants are said to have subjected the victim to assault by wielding of lathis but the deceased sustained only two injuries about which it is not clear as to by which of the applicants the said injuries were caused. The applicants also sustained injuries in the same course of the incident by blunt objects. In view of these facts, I consider it to be a fit case for bail.
Let the applicants Islam, Pappu and Zulfiquar Khan alias Tinny arraigned in case Crime No. 153 of 2006 under sections 147, 148, 307, 302, 323, 504 I.P.C., Police Station Gursahaiganj, district Kannauj, be released on bail on their furnishing personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.
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