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2013 Supreme(All) 1654

HET SINGH YADAV
Abhishek Singh @ Sonu – Appellant
Versus
State of U. P. and another – Respondent


Advocates:
For the Applicant : Varun DevSharma
For the Opposite Party :Govt. Advocate, Brijesh Sahai and Sunil Kumar.

Het Singh Yadav,J.

This application under Section 439 (2) Cr.P.C. has been preferred by the applicant, a victim who sustained injuries in the occurrence, seeking cancellation of bail granted to the Respondent No. 2 by an order dated 18.1.2013 passed by the Special Judge, Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989 (in short Special Judge, S.C.S.T. Act), Allahabad in Case Crime No. 359 of 2012 under Sections 307, 323, 504 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Colonelganj, District- Allahabad.

2. The factual matrix as unfurled in the F.I.R. and also highlighted by the applicant is that on 16.7.2012 at about 12 o'clock (noon) the applicant was on way to Allahabad University from his house where he was prosecuting studies in M.A. Final along with his elder brother Animesh Singh on his bike. When the bikers arrived near Lala Chungi their bike was intercepted by the Respondent No. 2 and his aides named in the F.I.R. To begin with, they all started hurling abuses and thereafter, co-accused Umesh Singh caught hold of the applicant. In the meanwhile, respondent No. 2 whipped out pistol from his waist and fired shot at the applicant with




























































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