Decided on May 24,2005

Sheik Shafik Appellant
State Of C G Respondents


- (1.) HEARD . Case diary of Crime No. 257/2005 registered at Police Station Chhawani for the offences punishable under Sections 324/34 & 307 of I.P.C., perused.. The case of the prosecution is that the applicants and co-accused Ashok Kumar came to the house of the injured on 28-2-2005 at about 10.00 p.m. and assaulted him with the help of Knife. F.I.R. was lodged by injured Amar Deep himself on the same day at 11.15 p.m. F.I.R. does not contains the names of the present applicants, however, it is stated that Ashok came along with his neighbor and assaulted him with the help of knife. Statement under Section 161 of Cr.P.C. recorded on 1-3-2005. In this statement, injured discloses the names of present applicants as persons who accompanied Ashok on the said date of incident. It is also stated that applicant No. 1 was armed with Cricket bat whereas applicant No. 2 was unarmed. It is also stated that applicant No. 1 had also assaulted with Cricket bat on back portion behind ear over skull.
(2.) THE injured was medically examined on 28-2-2005 at about 11.45 p.m. in which Doctor found only one stab wound in abdominal region of the injured and no other injury was found in the said examination. Considering the facts and circumstances of the case and particularly considering the circumstance that the applicants' names were not in the F.I.R., I am of the opinion that the applicants should be enlarged on bail. Let the applicants be enlarged on bail on each of them furnishing a personal bond in sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the trial Court for their appearance before the said Court on each date of hearing till disposal of the trial. The petition stands finally disposed of. Consequently, I.A.No. 1628/2005 and 1629/2005 also stand disposed of. Application Allowed.;

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