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Allahabad High Court · body

2005 DIGILAW 1930 (ALL)

Mangru, Sri Mani Bhar (In Jail) v. State of U. P.

2005-09-29

RAVINDRA SINGH

body2005
RAVINDRA SINGH, J. ( 1 ) HEARD Sri S. A. Lari, learned counsel for the applicant and the learned A. G. A. and Sri K. D. Tiwari, learned counsel for the complainant. ( 2 ) THIS application is filed by the applicant Mangru with the prayer that he may be released on bail in Case Crime no. No. 47 of 2004 Under Sections 307/324 I. P. C. P. S. Kubair Asthan district kushinagar. ( 3 ) FROM the perusal of the record it reveals that in the present case the F. I. R. was lodged by Sri damodar Tiwari, on 21. 2. 2005 at 8. 15 P. M. in respect of the incident which had occurred on 21. 2. 2005 at 7. 30 P. M. The distance of the police station was about half k. m. ( 4 ) ACCORDING to the prosecution version the applicant caused injuries by using knife blows on the person of the injured Amresh Mani Tripathi, the son of the first informant. After receiving the injuries the injured fell down and started crying. The witnesses came at the place of occurrence and the applicant was arrested on the spot whereas two unknown miscreants successfully run away from the place of occurrence. The medical examination report of the injured Amresh Mani tripathi shows that he received penetrating wounds on the abdomen. ( 5 ) IT is contented by the learned counsel for the applicant that in the present incident, the applicant has also received injuries. He was medically examined on 22. 2. 2005 at 11 A. M. He had received 7 injuries. It was a pure case of marpeet. He was badly beaten and apprehended by the associates of the first informant. The injuries of the applicant have not been explained. ( 6 ) IT is opposed by the learned A. G. A. by submitting that the applicant is the sole accused who caused injuries on the person of the injured by using knife blows. He caused injuries on the vital part of the body. The injured was admitted for surgery in B. R. D. Medical College, Gorakhpur on 21. 2. 2005 and discharged on 10. 3. 2005. The injuries were grievous in nature. The applicant was arrested by the public during the course of arrest some injuries were caused. The injuries are either abrasion, contusion or swelling. The applicant was arrested on the spot. The injured was admitted for surgery in B. R. D. Medical College, Gorakhpur on 21. 2. 2005 and discharged on 10. 3. 2005. The injuries were grievous in nature. The applicant was arrested by the public during the course of arrest some injuries were caused. The injuries are either abrasion, contusion or swelling. The applicant was arrested on the spot. There was no scope of his false implication. ( 7 ) CONSIDERING the facts and circumstance of the case and the submission made by the learned counsel for the applicant and learned A. G. A. and without expressing any opinion on the merits of the case the applicant is not entitled for bail at this stage. ( 8 ) ACCORDINGLY this bail application is rejected. . .