High Court of Judicature at Allahabad
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Jamshed v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20714 of 2006  RD-AH 17074 (3 October 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Jamshed indicted in case crime No. 795 of 2006 under sections 307, 504 I.P.C. P.S. Khatauli District Muzaffarnagar .
Heard Shri Amit Daga, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that the complainant in his statement recorded under section 161 Cr.P.C. has assigned the role of firing to co-accused Israr. The learned counsel pointed out that according to the complainant the shot fired by the applicant from riffle did not hit the injured. The learned counsel argued that there is no X-ray or supplementary medical report of the injured. According to learned counsel in the absence of X-ray or supplementary medical report the injuries shall be deemed to be of simple nature. The learned counsel contended that there is a cross case of the incident case crime no. C-16 of 2006 under sections 147, 307, 323, 452, 504, 506 I.P.C. and the applicant sustained injuries in the same course of incident.
The learned A.G.A. argued that the specific role of opening fire has been assigned to the applicant and the 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 of the incident under sections 147, 307, 323, 452, 504, 506 I.P.C. and the applicant sustained injuries in the same course of incident. There is no X-ray or supplementary medical report of the injured. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Jamshed indicted in case crime No. 795 of 2006 under sections 307, 504 I.P.C. P.S. Khatauli District Muzaffarnagar , 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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