In this bail application, the court allowed the release of the accused applicant, Bhupender, who was charged with murder and other offences. The judgment considered that the fatal injury was attributable to a co-accused, while others sustained simple injuries.
The applicant Bhupender be released on bail upon furnishing a personal bond and two reliable sureties.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9276 of 2018
Applicant :- Bhupender Opposite Party :- State Of U.P. Counsel for Applicant :- Abdul Khalik Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Bhupender who is involved in Case Crime No. 203/2017, under Sections 323, 302, 504 & 506 I.P.C., Police Station- Jasrathpur, District Etah.
As per prosecution version, on 28.10.2017 applicant and coaccused Uttam having 'lathi-danda' and their father Munesh having country made pistol entered into hut of informant. There altercation took place between accused and Ram Rahis father of informant. When Janved and Pushpendra came there to save Ram Rahis, Bhupender and Uttam assaulted them also with blunt object 'lathidanda'. In the meantime, Munesh intentionally fired on Ram Rahis father of informant, which hit in the head of Ram Rahis, due to which,he sustained fatal injury and later on died.
It is contended by learned counsel for the applicant that role of causing fire arm injury is assigned to Munesh. Injured Janved and Pushpendra have sustained simple injury. Occurrence has taken place suddenly due to altercation between accused and Ram Rahis father of informant.
Learned A.G.A. has opposed the prayer for bail.
Injuries of injured Janved and Pushpendra are simple and there is no injury to deceased Ram Rahis with blunt object. The role of causing fire arm injury is assigned to Munesh.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant Bhupender be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly bail application is allowed .
Order Date :- 13.3.2018 Sharad/-
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving Sections 302, 323, 504, and 506 IPC where the fatal injury was caused by another accused.
Bhupender
Umesh Chandra Tripathi
As recorded by the court registry
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