LAWS(ALL)-2012-1-805

SUBHASH AND OTHERS Vs. STATE OF U.P.

Decided On January 13, 2012
Subhash And Others Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) PARCHA filed by Sri Sunil Kumar Yadav, learned counsel for the complainant is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and counsel for the complainant and perused the record.

(2.) LEARNED counsel for the applicants submitted that an N.C.R. was lodged on 16.10.2011 against the four persons including the three applicants. The deceased was medically examined, but no visible injury was found on his person but he had complaint of pain on right hand, left knee and abdomen. Three other persons also received injuries, but their injuries were found simple in nature. The deceased Deo Prakash subsequently died on 7.11.2011 and multiple abrasions were found and heeled scar marks were found in small intestine and large intestine and pus was found in peritoneum. The cause of death was septicemia and ante mortem injuries. Thereafter, another application was moved by the first informant making allegations against the nine persons. It was further submitted that the incident took place all of a sudden without premeditation and no weapons have been assigned in the N.C.R.

(3.) CONSIDERING all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find to be a fit case for bail. Let the applicants, namely, Subhash, Rama Kant and Aswani involved in Case Crime No. 256 of 2011, under Sections 323, 504, 308, 304 IPC, P.S. Awagarh, District -Etah be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions: