TaxTMI 
TaxTMI 
2023 (10) TMI 1571
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....e applicant Arun Yadav, seeking enlargement on bail during trial in connection with Case Crime No.13 of 2021, under Sections 147, 148, 324, 325, 307, 302/34 IPC, registered at Police Station Chola, District Bulandshahar. 3. The first bail application was rejected by this Court vide order dated 21.04.2022 passed in Criminal Misc. Bail Application No. 11378 of 2022 (Arun Yadav vs. State of U.P.). 4. Learned counsel for the applicant while placing Annexure SA-9 to the supplementary affidavit dated 08.08.2023 argued that Bheeshma, the first informant was examined as PW-1 and Indrapal was examined as PW-2. 5. It is argued that co-accused Tarun has been granted bail by a coordinate Bench of this ourt vide order dated 24.07.2023 in Crimin....
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.... "Heard Sri Vikas Sharma, learned counsel for the applicant, Sri Alok Saxena, learned counsel for the first informant, Sri Sanjay Kumar Singh, learned counsel for the State and perused the material on record. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Arun Yadav, seeking enlargement on bail during trial in connection with Case Crime No.13 of 2021, under Sections 147, 148, 324, 325, 307, 302/34 IPC, registered at Police Station Chola, District Bulandshahar. The FIR of the present case was lodged on 17.9.2021 under Sections 147, 148, 324, 307 IPC by Bhishma Singh against the applicant and four other accused persons alleging therein that on 17.9.2021 his younger broth....
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....den provocation and appears to be a case of free fight. It is further argued that although in the matter Guddi Devi was medically examined but she was found to have received one injury on her skull which was opined to be simple in nature. Injured Indrapal was also medically examined who was found to have received two lacerated wounds, one being on the left index finger and other on left middle finger, the said injuries were also opined to be simple in nature. Subsequently the first informant and Smt. Guddi Devi in their statements recorded under Section 161 Cr.P.C. have stated that coaccused Salekh Chhand @ Sallu was armed with balkati whereas other accused persons were armed with lathi-danda and other weapons. From the side of the applican....
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....he applicant is named in the FIR, in the statement of the first informant and the injured persons, as such the bail be rejected. After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is named in the FIR along with four other accused persons, in the statement of the first informant and the injured persons. In the present case there are two injured witnesses being Smt. Guddi Devi and Indrapal, the wife and son of the deceased Vijay Pal. The place of occurrence is in front and near the house of Sallu, the co-accused who is the father of the applicant. The case cannot be stated to be a case of free fight. The role has been assigned to the applicant. The incident is of 11 a.m., as such it i....