RABI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Virendra Singh, learned counsel for the applicant and learned A.G.A.

(2.) IT is contended by learned counsel for the applicant that F.I.R. lodged against the applicant is absolutely false and baseless, it is highly improbable also because according to the F.I.R. the applicant and other co-accused persons had come to put a chhapper in front of the house of the first informant which was objected by the wife of the first informant, then the chhapper was sat on fire, thereafter the applicant and other co-accused persons hurled the abuses they did marpeet and threw the injured in a burning fire. One Dheeru, the son of the first informant came in rescue of his mother, he also sustained burn injuries. The alleged occurrence has taken place in the house of the first informant in which his wife and son had sustained burn injuries. But the applicant has been falsely implicated on account of dispute of raising the hut and injuries sustained by both the injured are not dangerous to life. The applicant is not having criminal antecedent, he may be released on bail. In the present case the co-accused Smt. Kusma Devi whose case was identical with the case of the applicant has been released on bail by the another Bench of this Court on 23.5.2008 in Criminal Misc. Bail Application No. 12855 of 2008.