Brijesh Yadav vs State Of U.P.
2012 Latest Caselaw 1684 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- BAIL No. - 2102 of 2012
 

 
Petitioner :- Brijesh Yadav
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Sampurnanand Shukla
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

It is contended by learned counsel for the applicant that the FIR has been lodged by Ashutosh Mishra at P.S. Patti, District Pratapgarh on 27.12.2011 at 9.40 P.M. in respect of the incident allegedly occurred on 26.12.2011 at 4.00 P.M. This FIR has been lodged as counter blast  because the FIR against the first informant Ashutosh Mishra was lodged by Vijay Kant Ojha on 26.12.2011 at 3.40 P.M. at P.S. Aashpur Devsara, District Pratapgarh in case crime No. 282 of 2011 under sections 307, 323, 504, 506 and 427 IPC. The story of the robbery has exonerated so that the gravity of the offence may be increased. According to the medical examination report Ram Chandra Mishra had sustained six injuries in which injury No. 1 was lacerated wound on the right side on the face, injury No. 2 was abraded contused swelling on the right side on the face, injury No. 3 was contusion on the right lip, injuries No. 4 and 6 were complaint of pain and injury No. 5 was contusion on the left thigh. It is alleged that the applicant and other co-accused person has taken away the Rs. 5,000/- and one right of the first informant. But no stolen article has been recovered from the possession of the applicant. The applicant is in jail since 26.2.2012.

In view of the facts, circumstances of the case, submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Brijesh Yadav involved in case crime no.  390 of 2011 under Sections  323, 504, 506 I.P.C., P.S. Patti, District  Pratapgarh be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the conditions:

1.that he will not temper with the evidence and

2.he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.

Order Date :- 14.5.2012

RPD