High CourtsSingle Bench

Baij Nath vs State of U.P.

Allahabad High Court · Decided on 2 December 2008 · Citation: (2009) 1 ACR 170

HON’BLE JUDGES
B.A. Zaidi, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 302, 323
CASE NUMBER
Criminal Miscellaneous Bail Application No. 31439 of 2008
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Judgment

3 paragraphs · 144 words

B.A. Zaidi, J.—Heard Sri Sriprakash Dwivedi, advocate, for the applicant and Addl. Government Advocate for the State.

2.

The accused is charged under Sections 302, 323 Indian Penal Code. The accused is said to have assaulted his own nephew on a minor issue. He is said to have beaten up the deceased with lathis while his son co-accused Sharda inflicted blows with an axe. The accused-applicant is 62 years of age and he used only a lathi in assaulting the deceased. According to the post-mortem report, there are five blunt weapon injuries, four contusions and an abrasion, which would have been caused by a lathi. There are no fatal blunt weapon injuries.

3.

The applicant 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, Mirzapur.