Raj Kumar vs State Of U.P.
2011 Latest Caselaw 2140 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13973 of 2011
 

 
Petitioner :- Raj Kumar
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Shashi Kant Shukla,Rajiv Kumar Tripathi
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shashi Kant Gupta,J.

Heard learned counsel for the applicant, Mr. B. K. Tripathi, learned counsel for the complainant, learned A.G.A. and perused the record.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that the applicant has been assigned the role of assaulting by Lathi. He further referred to the injury report and submitted that the injuries cannot be said to be grievous or dangerous to life. He further referred to the supplementary report to indicate that no abnormality was detected. He further submitted that except one case, the applicant has got no criminal history to his credit and there is no chance of his fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 1.4.2011.

Learned counsel for the complainant has vehemently opposed the bail application.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

Let the applicant Raj Kumar involved in Case Crime No. 35 of 2011 under Sections  308, 324, 504, 506 I.P.C., Police Station Girwan, District Banda be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

 (i)The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurise/ intimidate the prosecution witness.

(iii)The applicant will appear before the trial court on the date fixed.

(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

Order Date :- 30.5.2011

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