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Allahabad High Court
Sant Kumar vs The State Of U.P. on 28 January, 2010
Court No. - 8

Case :- BAIL No. - 24 of 2010

Petitioner :- Sant Kumar
Respondent :- The State Of U.P.
Petitioner Counsel :- Amrendra Singh
Respondent Counsel :- Govt.Advocate

Hon'ble Ashwani Kumar Singh,J.

Heard learned counsel for the applicant, learned A.G.A. and
perused the F.I.R., injury report and other relevant papers filed in
support of the bail application.

The submission of learned counsel for the applicant is that in the
F.I.R. it is alleged that the injured Kallu Ram was assaulted by
Lathi and Danda but in the statement of the injured recorded under
Section 161 Cr.P.C. he has changed weapon and alleged that he
was assaulted by “Phawara”. It is submitted by learned counsel for
the applicant that occurrence is of day light.

Learned counsel for the applicant submits that since there is
incised wound on the head of the injured, as such, the weapon
assigned earlier in the F.I.R. has been changed by the injured in
the statement recorded under Section 161 Cr.P.C. It is also
submitted that this statement of the injured has shaken the
prosecution story. It is also contended that the applicant is
innocent and is not involved in the present case. Initially the non-
cognizable report was lodged at the police station which was
subsequently converted under Sections 323, 308, 504, 506 I.P.C.
There is no opinion of the doctor with regards to the injuries
received by Kallu Ram to be grievous. It is also submitted that at
most the case would fall under Section 325 I.P.C. The applicant is
in jail since 13.6.2009, as averred in para 15 of the bail application
and has no previous criminal history, as mentioned in para 14 of
the bail application.

Considering the overall aspects of the matter and without entering
into the merit of the case, I hereby provide that the applicant, Sant
Kumar be released on bail in Case Crime No.632/2009, under
Sections 323, 308, 504 & 506 I.P.C., P.S. Neemgaon, District
Kheri, on his filing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned/remand
magistrate.

Order Date :- 28.1.2010
Kpy


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