Rajdeep vs State of U.P.

S.C. Agarwal, J.—Heard Sri Sadanand Singh, learned counsel for the applicant, Sri Dhirendra Kumar Srivastava, learned counsel for the complainant, learned A.G.A. for the State on 21.5.2010 and perused the record.

Learned counsel for the applicant submitted that applicant is alleged to be armed with a tangari (Axe), but no incised wound was found on the body of the deceased or the injured.

Learned A.G.A. and learned counsel for the complainant submitted that tangari (Axe) was used from the blunt side and the applicant was the member of unlawful assembly, which caused injuries to the brother and death to the father of the complainant.

In the F.I.R., the applicant Rajdeep is said to be armed with a tangari (Axe). In the injury report of Ram Janam (injured) and the postmortem report of Lal Bahadur (deceased) no incised wound was found. Therefore, the case of the applicant can be distinguished from the coaccused, who were allegedly armed with firearms and lathis.

Having considered the facts and circumstances of the case, the submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.

Let applicant Rajdeep involved in case crime no.243 of 2009 under Sections 147, 148, 149, 302, 307, 504, 506 I.P.C. pertaining to Police Station Chakiya, District Chandauli be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.