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NAGENDRA versus STATE OF U.P.

High Court of Judicature at Allahabad

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Nagendra v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20164 of 2006 [2006] RD-AH 16599 (21 September 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 Nagendra   indicted in case crime No. 136  of 1998 under sections 307, 324, 504  I.P.C. P.S. Aders Mandi Samli  District Muzaffar Nagar .

Heard Shri Pankaj Kumar Tyagi , learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that initially the First Information Report was registered under sections 324 and 504 I.P.C.  the applicant was enlarged on bail by an order dated 28.10.1998. The learned counsel argued that offence under section 307 I.P.C. was added in the charge sheet on the basis of same medical evidence. The learned counsel urged that injury no.2 of injured is of grievous nature.

The learned A.G.A. argued that specific role of subjecting the injured to assault by knife has been  assigned to the applicant and injury no.2 is on vital part of the body.

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

The injury no.2 is of grievous nature. There is no report of misuse of bail granted to applicant vide order dated 28.10.1998 in the offence under sections 324 and 504 I.P.C. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Nagendra   indicted in case crime No. 136  of 1998 under sections 307, 324, 504  I.P.C. P.S. Aders Mandi Samli  District Muzaffar Nagar  , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/20164/06

21.9.2006


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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