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Wali Mohammed Alias Walia v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14917 of 2006  RD-AH 12112 (24 July 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Wali Mohammad alias Walia indicted in case crime No. 55 of 2005 under sections 452 and 307 I.P.C. P.S. Ahmadgarh District Bulandshahr. .
Heard Shri V.S. Rajpoot, learned counsel for the applicant, learned A.G.A. and have perused the record.
On 2.6.2005 at about 8.30 A.M. applicant and co-accused Aas Mohammad are said to have subjected informant's children to assault by wielding of spade and axe.
The learned counsel for the applicant submitted that there is no X-ray report or supplementary medical report of the injured persons, therefore injuries shall be deemed to be of simple nature. The learned counsel urged that no external mark of injury was found in the person of Zahira though she was unconscious. The learned counsel pointed out that co-accused Aas Mohammad has been enlarged on bail by an order of this court dated 12.4.2006 passed in Criminal Misc. Bail Application No. 17956 of 2005 and the case of the applicant stands at par with him.
The learned A.G.A. argued that applicant and co-accused assaulted informant's four minor children with sharp edged weapons and inflicted injuries on their vital part of the body.
I have taken into consideration the submissions advanced on behalf of both the parties.
There is no X-ray report or supplementary medical report of the injured persons. The nature of injuries does not find mention in the injury reports. The co-accused Aas Mohammad has been enlarged on bail by an order of this court dated 12.4.2006 and the case of the applicant is analogous to that of co-accused. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Wali Mohammad alias Walia indicted in case crime No. 55 of 2005 under sections 452 and 307 I.P.C. P.S. Ahmadgarh District Bulandshahr , 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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