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YASEEN versus STATE OF U.P.

High Court of Judicature at Allahabad

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Yaseen v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14526 of 2006 [2006] RD-AH 12735 (1 August 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 (Mrs.) Saroj Bala, J.

This is an application for bail moved on behalf of the applicant Yaseen involved in case Crime No. 9 of 2006 under section 307 I.P.C., Police station Majhola, district Moradabad.

Heard Sri Piyush Gupta, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel for the applicant submitted that single injury found on the neck of the injured was caused by co-accused Raja alias Mahfooz Neta who had borrowed a sum of Rs.30,000/- from the injured and took him away to a distant place for payment of money. The learned counsel urged that the injured in his statement recorded under section 161 Cr.P.C assigned the role of subjecting him to assault with knife to the applicant and co-accused Raja alias Mahfooz Neta but a single injury was found on the neck of the  injured about which it is not clear  as to by which of the accused it was caused

The learned AGA submitted that the injury dangerous to life was caused to the injured by the applicant and co-accused.  

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

A single incised wound 9 cm x 4 cm. x trachea deep on the front of neck with cut of thyroid cartridge was found on the person of the injured. The injured has assigned the role of subjecting him to assault with knife to the applicant and co-accused Raja alias Mahfooz Neta but a single injury was found on his person about which it is not clear as to by whom it was caused. The motive for commission of offence was to co-accused Raja alias Mahfooz Neta who had taken a sum of Rs.30,000/- from the injured. The case of the applicant  is distinguishable from co-accused Raja alias Mahfooz Neta  . In view of these facts, I consider it to be a fit case for bail.

Let the applicant Yaseen involved in case Crime No. 9 of 2006 under section 307 I.P.C., Police station Majhola, district Moradabad, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/-1.8.2006

Mahmood-14526-06


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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