Ashok Kumar vs State of U.P.

Barkat Ali Zaidi, J.—The accused is charged under Sections 307, 504 and 506, I.P.C.

According to the prosecution version the injured person who is the brother of complainant had gone to the house of the accused to protest about the crop of bhindi which had been destroyed by the cattles being allowed to graze the same with the connivance of the accused, and then at the instance of two other accused who are father and brother of the accused-applicant, the applicant-accused is said to have fired on the injured person causing injuries on his head on right parietal region and on the right shoulder as will appear from the medical examination report.

Out of three accused only the applicant came for bail here after the rejection of the application by the District and Sessions Judge, Kannauj.

Heard Sri C. J. Yadav, advocate for the applicant and Sri Mohd. Israil Siddiqui, Additional Government Advocate for the State.

It has been pointed out by the counsel for the accused that injury No. 3 in the injury report shows that there are abrasions also on the right parietal region which could not be caused by the fire arm and it appears that the prosecution has not given a full and true picture of the event. It is not unlikely in the circumstances that some aspects of the happening have been suppressed.

All said and done, it seems appropriate in the circumstances to grant bail.

The applicant Ashok Kumar involved in Case Crime No. 980 of 2007, under Sections 307, 504 and 506, I.P.C., P.S. Kannauj, District Kannauj be released on bail on his furnishing a personal bond of Rs. 20,000 with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Kannauj.