High Court of Judicature at Allahabad
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Dinesh Kumar Pathak And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20744 of 2006  RD-AH 17070 (3 October 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicants Dinesh Kumar Pathak and Dinesh Chandra Upadhyay indicted in case crime No. 88 of 2006 under sections 147, 148, 307, 323, 452, 504, 506 I.P.C. P.S Nai Ki Mandi. District Agra.
Heard Shri V.P. Srivastava, learned Senior Counsel assisted by Shri Lav Srivastava , learned counsel for the applicants, Shri A.B.L Gaur, learned Senior Counsel assisted by Dr. Akhilesh Kumar Sharma, learned counsel for the complainant learned A.G.A. and have perused the record.
The learned counsel for the applicants submitted that applicants are not named in the First Information Report. The learned counsel urged that the informant and injured named the applicants in their statements recorded under section 161 Cr.P.C.. The learned counsel argued that 8 or 9 accused persons are said to have subjected the injured persons to assault by wielding of sticks and bricks but one of the injured Pankaj Upadhyay sustained linear fracture of temporal bone. The learned counsel urged that it is not specific by whom the said grievous injury was caused. According to the learned counsel there is a cross case of the incident, First Information Report of which was lodged prior to the F.I.R of present case at 22.30 hours and Bhupendra Pal Singh the maker of First Information Report of the cross case sustained injuries in the same course of the incident.
The learned A.G.A. and learned counsel for the complainant argued that the applicants and co-accused subjected the informant and three other persons to assault and caused head injuries. The learned counsel argued that the applicants and co-accused mounted assault on the injured persons when they were hospitalized.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicants are not named in the First Information Report. The residential address of the applicants is of district Hathras. The incident took place within the local limits of police station Nai Ki Mandi district Agra. No specific role has been assigned to the applicants. In view of these facts, I consider it to be a fit case for bail.
Let the applicants Dinesh Kumar Pathak and Dinesh Chandra Upadhyay indicted in case crime No. 88 of 2006 under sections 147, 148, 307, 323, 452, 504, 506 I.P.C. P.S Nai Ki Mandi. District Agra , 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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