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Allahabad High Court · body

2014 DIGILAW 120 (ALL)

Ram Jiyawan v. State of U. P.

2014-01-10

ARVIND KUMAR TRIPATHI

body2014
JUDGMENT Arvind Kumar Tripathi (II), J: - Heard learned counsel for the applicant and the learned AGA. 2. This is first bail application filed on behalf of the applicants - Ram Jiyawan, Basant, Satai and Lulli alias Bharat in case crime no.491 of 2013, under Sections 304, 323, 504 IPC, Police Station Chanda, District Sultanpur. 3. According to prosecution version, NCR was lodged by Kamlesh on 20.9.2013, at about 7.30 PM in Police Station Chanda, District Sultanpur against the present applicant under Sections 323, 504 IPC. Later on, when one of the injured Bajrangi succumbed to the injuries, case was converted under Section 304 , 323, 504 IPC. 4. It was submitted by the learned counsel for the applicant that there is cross case, and NCR by the applicants' side was registered prior to lodging of NCR by Kamlesh. It was also submitted that from the side of the applicants Ram Nayan and Smt. Sumitra Devi were also injured, and there is no explanation of injury on their part either in the NCR or in the statement under Section 161 Cr.P.C. 5. Learned AGA has opposed the bail and argued that Bajrangi died due to the injuries received, and he has received about four injuries, out of which one injury was on the head. 6. Considered the rival submissions of the respective parties. The deceased has received four injuries, out of which injury no.1 is on the head, and rest are abrasions. Kamlesh, Shanti Devi, Ram Dhor and Smt. Badka Devi have also received injuries from the side of the prosecution. A perusal of injuries of Ram Nayan and Smt. Sumitra Devi reveals that they have also received injuries on head. NCR and the statements of witnesses from the side of prosecution are silent as to who has caused the head injury. 7. Considering the facts and circumstances of the case, and considering the injuries received by both sides and also considering that there is cross version, without expressing any opinion about the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. Let the applicants - Ram Jiyawan, Basant, Satai and Lulli alias Bharat involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned.