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Ravi Dev. Vs. State of Uttar Pradesh (U.P.).

Ravi Dev. vs State of Uttar Pradesh (U.P.).

Type Court Judgment Court Allahabad Decided Aug 02, 2010
~2 min read
https://sooperkanoon.com/case/912287

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
CRIMINAL MISC. BAIL APPLICATION No. - 20064 of 2010
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India against the order dated 25.02.2004 made in R.E.A.No.954 of 1995 in REP.No.1/93 by the Hon'ble Additional Sub-Judge, Salem, dismissing the petition filed by the petitioner herein seeking to implead themselves in the execution proceedings...

Key legal issue
Criminal
Acts & sections
Indian Penal Code (IPC) - Sections 323, 504, 304

Parties & Advocates

Appellant / Petitioner

Ravi Dev.

Advocate B.N. Shukla, J.

Respondent

State of Uttar Pradesh (U.P.).

Legal References

Acts
Indian Penal Code (IPC) - Sections 323, 504, 304

Excerpt

prayer: civil revision petition filed under article 227 of constitution of india against the order dated 25.02.2004 made in r.e.a.no.954 of 1995 in rep.no.1/93 by the hon'ble additional sub-judge, salem, dismissing the petition filed by the petitioner herein seeking to implead themselves in the execution proceedings in rep no.1/93 and thereby permit them to contest the claim of the first respondent.1. heard learned counsel for the applicant, shri swarn kumar srivastava, learned counsel for the complainant and learned a.g.a. appearing for the state. 2. it is contended by the learned counsel for the applicant that initially f.i.r. was lodged as n.c.r. deceased himself was an old person and died on 15.4.2010.in the injury report of the deceased injury no.2 which is shown as incised wound but there is no explanation of the said injury. 3. learned private counsel for the complainant contended that deceased had died due to injury no.2. there is specific allegation against the applicant that he had inflicted injuries by lathi. 4. the occurrence had taken place on spur of moment while plucking the mango from the mango tree. in the injury report injury no.2 is shown as incised wound. deceased had died on 15.4.2010. 5. considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail. 6. let the applicant ravi dev involved in case crime no. 301 of 2010 , under sections 323, 504, 304 ipc police station musajhang district budaun be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Full Judgment

1. Heard learned counsel for the applicant, Shri Swarn Kumar Srivastava, learned counsel for the complainant and learned A.G.A. appearing for the State.

2. It is contended by the learned counsel for the applicant that initially F.I.R. was lodged as N.C.R. Deceased himself was an old person and died on 15.4.2010.In the injury report of the deceased injury no.2 which is shown as incised wound but there is no explanation of the said injury.

3. Learned Private Counsel for the complainant contended that deceased had died due to injury no.2. There is specific allegation against the applicant that he had inflicted injuries by lathi.

4. The occurrence had taken place on spur of moment while plucking the mango from the mango tree. In the injury report injury no.2 is shown as incised wound. Deceased had died on 15.4.2010.

5. Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

6. Let the applicant Ravi Dev involved in Case Crime No. 301 of 2010 , under Sections 323, 504, 304 IPC Police Station Musajhang District Budaun be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

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