Sultan vs State Of U.P.
2013 Latest Caselaw 2374 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 1496 of 2013
 

 
Petitioner :- Sultan
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rajendra Singh Kushwaha,Atul Verma,Bhupendra Beer Singh
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Learned counsel for the applicant files supplementary affidavit.

Learned A.G.A. files counter affidavit.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

It is contended by learned counsel for the applicant that according to the prosecution version the alleged occurrence had taken place on 26.9.2012 at about 8.30 A.M., Its FIR has been lodged on 26.9.2012 at 10.50 A.M. The applicant and three other co-accused are named in the FIR. It is alleged that accused persons were armed with lathi, Danda and Ballam. The applicant was armed with licensed gun. Applicant discharged the shot causing the injury to the five persons. According to the medical examination report the injured persons have sustained fire arm injury  in which no injury was dangerous to life. The applicant is not having any criminal history. The applicant is in jail since 28.3.2012.

In view of the facts and circumstances of the case and submissions made by 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 Sultan involved in case crime No. 612 of 2012 under sections 307, 504, 506/34 I.P.C., P.S. Phool Behnar, District Lakhimpur Kheri be released on bail on his furnishing personal bond and two heavy sureties to the satisfaction of the court concerned with the followings conditions:

*That the applicant shall not tamper with the evidence.

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

In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 20.5.2013

RPD