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2016 Supreme(All) 3829

HARSH KUMAR
Banti – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :- Lalit Kumar Srivastava,Ankur Jee Srivastav
For the Opposite Party :- G.A.

JUDGMENT

Counter affidavit filed by A.G.A. is taken on record.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

2. Learned counsel for the applicant contended that the applicant has been falsely implicated for the alleged incident dated 20.8.2015; that the applicant did not make any assault on the victim with the knife? or otherwise; that in F.I.R. the role of causing neck injury by knife has been assigned? to applicant while in her statement under Section 161 Cr.P.C. the victim has assigned the role of causing neck injury to applicant and Govind collectively; that injury report shows a single injury on neck which has not been mentioned as dangerous to life in the injury report at annexure-2; that the applicant may not be considered to be author of the neck injury of the injured; that the applicant has been falsely implicated in the case under Section 304 IPC in which due to accident the husband of victim expired in which the applicant has been granted bail; that the applicant has no other criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 13.3.3016.

3. Learned A.G.A.








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