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ROOP SINGH versus STATE OF U.P.

High Court of Judicature at Allahabad

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Roop Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14054 of 2006 [2006] RD-AH 11449 (13 July 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 M. Chaudhary, J.

Heard learned counsel for applicant  Roop Singh involved in case crime no.2 of 2006 under sections 147, 148, 149, 302 & 34 IPC and section 3(2) (v) of the Scheduled Caste and Scheduled  Tribes(Prevention of Atrocities Act) Act, police station Bar, District Lalitpur and the learned AGA as well.

It is alleged that in the  noon of 3rd of January, 2006 Har Dayal, the Village Pradhan  alongwith Matadin went on motorcycle   near the school as  land  for kitchen of the school  had to be demarcated  with the help of Lekhpal and  at about 12:30 noon as they reached near the house  of Tannu Kalyan Singh and  Ram Bahadur  Singh @ Raja Bhaiya armed with countrymade pistols alongwith  Vijai Singh, Roop Singh and Kehar Singh with axes  and Chandra Bhan  Singh with Pharsa assaulted them and fired  at  Har Dayal and Matadin; that then  leaving  motorcycle there both of them  ran  for their lives but the  assailants  chased them and as they reached  near the house of Mangal Singh persons armed with axes and Pharsa gave them blows  with their respective weapons and sustaining the   injuries   both Har Dayal and Matadin died  instantaneously.  Immediately Punesh @ Punnu  went to the police station Bar situate at a distance of 13 kms  from the village  and  lodged an FIR of the occurrence with the police there at about 2:50 p.m. the same noon.

Autopsy conducted on the dead bodies of Har Dayal and that of Matadin revealed ante mortem incised wounds on their person.  Learned AGA  contended that  ante mortem incised wounds No.4 to 8 found on the dead body of Har Dayal and   1 and 4 to 7  found on the dead body of Matadin  could  very well be caused with axe.  It is a broad day light murder.  FIR  lodged at the police station promptly the same noon mentions  a  number of eye witnesses of  the occurrence therein.  

Considering all the facts and  circumstances of the case,  the Court  is  of the view that  applicant  Roop Singh  who was  allegedly armed with axe  does not  deserve  bail.

The bail application is Rejected.

Dt.13.7.2006/P.P.

Bail Application No.14054-2006


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

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