MOHIT AND OTHERS versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mohit And Others v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14911 of 2006 [2006] RD-AH 12053 (24 July 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

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

This is an  application for bail moved on behalf of the applicants Mohit, Ganesh, Pappu and Sita Ram   indicted in case crime No. 168-A  of  2006 under sections 308, 504, 120-B  I.P.C. P.S. Bahariyabad  District  Ghazippur.

Heard Shri Sadhu Saran, learned counsel for the applicants, learned A.G.A.  and have perused the record.

The learned counsel for the applicants submitted that the incident is said to have taken place on 6.4.2006 but First Information Report was registered on 12.6.2006. The learned counsel argued that there is a cross case  crime case no. 168 of 2006 under sections 325, 323, 504 I.P.C. and 3(1) X of S.C./ S.T. Act, the First Information Report of which was lodged on 8.4.2006 and two women sustained injuries from the side of the applicants during the same course of incident.

The learned A.G.A. argued that injuries are on the vital part of the body.

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

There is a cross case   crime no. 168 of 2006 under sections 325, 323, 504 I.P.C. and 3(1) X of S.C./ S.T. Act. Two persons from the side of the applicants sustained grievous injuries. The injured of present case sustained one lacerated wound on right side of head besides two abrasions. There was fracture of right parietal bone . Four accused persons are said to have subjected the  injured to assault by wielding of  lathis and sticks but  single head injury has been found on his person. There is no specific allegation as to which of the applicant is  responsible  for causing the head injury. In view of these facts, I consider it to be a fit case for bail.  

Let the applicants Mohit, Ganesh, Pappu and Sita Ram   indicted in case crime No. 168-A  of  2006 under sections 308, 504, 120-B  I.P.C. P.S. Bahariyabad  District  Ghazippur, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/14911/06

24.7.2006

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