Allowed

Taiyabkhan v. State of U.P.

Allahabad HC7 Dec 2021CRLA/4791/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal against the rejection of bail in a case under various IPC sections involving a fight with injuries. The court found the grievous injury attributed to another accused, set aside the lower order, and granted bail.

What did the court decide?

Impugned order rejecting bail set aside; appellant released on bail upon furnishing a personal bond and two sureties.

Taiyabkhan Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 87

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Case :- CRIMINAL APPEAL No. - 4791 of 2021

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Appellant :- Taiyabkhan Respondent :- State of U.P. Counsel for Appellant :- Sanjay Kumar Yadav Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Learned counsel for the appellant is present.

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Service of notice upon the opp. party no. 2 is sufficient. None appears on behalf of opp. party no. 2.

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Appeal is admitted.

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This appeal has been filed against the order dated 6.10.2021 passed by Special Judge (SC/ST Act) Azamgarh, wherein the bail application of the appellant Taiyabkhan has been rejected in case crime no. 123 of 2021, under section 147, 148, 323, 504, 506, 325 and 307 I.P.C. police station Phoolpur District Azamgarh.

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It is argued by the learned counsel for the appellant that the incident is admitted by the parties. There was fight between them. Both of the parties have sustained injuries. In the present case there are three injured persons. In cross case of the appellant there is one injured person and three injured in this case are Arun Kumar, Suraj Kumar and Ankit. Arun Kumar and Ankit sustained simple injuries wherein Suraj Kumar has sustained fire arm injury on his left elbow and as per radiologist a fracture has been found in the arm of injured Suraj Kumar. The weapon / pistol is attributed to accused Kamil. There is general allegation of marpit against all the 7 accused persons. The appellant has filed a cross first information report. The appellant is in jail from 7.9.2021. Hence prayer for bail is made.

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Learned A.G.A. has argued that injured Suraj Kumar has sustained fire arm injury and his left lower part of humorous bone has got fractured. In the opinion of the doctor this injury is found to be grievous, hence, the bail is opposed.

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As per first information report, it is shown that accused Kallu was driving motorcycle rash and negligently. He was checked by the brother of the complainant. At this Kallu starting abusing and beating him and by telephonic call he summoned his companions Jiyauddin, Kamil, Ayya and Taiyab and some

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other persons who were equipped with country made pistols and hockey sticks etc. and they started beating and thrashing the brother of the complainant with the weapons with their hands. When the complainant went to save his brother, he was also thrashed and beaten by them. Arun Kumar was also beaten in this incident. Lastly, they ran away giving threats for their life. Admittedly, there are 3 injured persons in the present case. The injuries of Arun Kumar and Ankit are found to be simple in nature. As per opinion of doctor, Suraj Kumar has sustained grievous injury in his elbow a fracture of humorous bone is found. The injury is neither on vital part nor the fire arm injury is attributed to the present accused.

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The bail application is allowed.

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The order dated 6.10.2021 passed by Special Judge (SC/ST Act) Azamgarh, wherein the bail application of the appellant Taiyabkhan has been rejected in case crime no. 123 of 2021, under section 147, 148, 323, 504, 506, 325 and 307 I.P.C. police station Phoolpur District Azamgarh is hereby set aside.

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The appellant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in the aforementioned case.

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The appeal is allowed.

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Order Date :- 7.12.2021 Gss

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Digitally signed by Sadhna Rani Thakur Date: 2021.12.08 16:52:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Taiyabkhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Taiyabkhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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