The decision to grant bail was based on the lack of corroboration by medical evidence and the absence of evidence indicating the use of the blunt side of the weapon.

Headnote:
Bail - Murder Case - The court granted bail to the applicant based on the lack of corroboration by medical evidence and the absence of evidence that the applicant used the blunt side of the weapon.
Fact of the Case:

The applicant is involved in a murder case where he allegedly used a Pharsa to inflict blows on the victims.
Finding of the Court:

The court found that the prosecution case lacked corroboration by medical evidence and that there was no evidence indicating that the applicant used the blunt side of the weapon.
Issues: The main issue was whether the applicant should be granted bail in the murder case.
Ratio Decidendi: The court's decision was influenced by the lack of corroboration by medical evidence and the absence of evidence indicating the use of the blunt side of the weapon.
Final Decision: The court granted bail to the applicant upon furnishing a personal bond and two sureties to the satisfaction of the C. J. M., Baghpat.

J. C. MISRA, J.

The applicant is involved in tour murder case.

2. According to the deccased in his dying declaration and the eye-witnesses in their statement under Section 161,cr. P. C. The applicant was armed with Pharsa and had given Pharsa blows to the victims. The learned counsel for the applicant con tended that prosecution case in this regard is not corroberated by medical evidence.

3. Learned counsel for the complaintsri O. K. Srivastava contended that the applicant could have used the blunt side of the Pharsa. He however after verifying the statement of the witnesses and the dying declaration stated that none of them had stated that the applicant had used the blunt side of the weapon.

4. In view of this fact I find that the applicant isentitled to bail.

5. Let the applicant Praveen alias Butgcy involved in Case Crime No. 151 of 1999, under Sections 302 and 307, I. P. C, P. S. Khekhra District Baghpat is enlarged on bail upon his furnishing a personal bend and two sureties each in the like amount to the satisfaction of C. J. M. , Bagh pat.

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2000 Supreme(All) 34

HIGH COURT OF ALLAHABADJ.C.Mishra PRAVEEN ALIAS BULGEY VersusSTATE OF U P Decided On : 10 January 2000 Criminal Misc. No. 18892 of 1999,

The decision to grant bail was based on the lack of corroboration by medical evidence and the absence of evidence indicating the use of the blunt side of the weapon.

HIGH COURT OF ALLAHABAD
J.C.Mishra
PRAVEEN ALIAS BULGEY
Versus
STATE OF U P
Decided On : 10 January 2000
Criminal Misc. No. 18892 of 1999,