High Courts

Raman vs State of U.P.

Allahabad High Court · Decided on 15 April 2008 · Citation: (2008) 04 AHC CK 0205

HON’BLE JUDGES
Barkat Ali Zaidi, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 161, 439 · Penal Code, 1860 (IPC) — Section 307
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2320 of 2008

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Judgment

5 paragraphs · 167 words

Barkat Ali Zaidi, J.—The aforenoted applicant is charged under Section 307,I.P.C., who is said to have fired at the injured person, who received injury in his abdomen.

2.

Heard Sri Prem Chandra Advocate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate for the State.

3.

What is significant is, that despite the fact, that the accused is named in the First Information Report, no motive, whatsoever, has been assigned for the assault, either in the First Information Report or in the statement under Section 161,Cr.P.C.

4.

It is true that absence of motive will not hinder conviction, if the evidence is otherwise, dependable and reliable, but at the initial stage, human mind remains inquisitive and does not feel fully satisfied, if no information, whatsoever, is given, as what occasioned the assault? That must suffice for bail.

5.

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 trial Court.