Shahbaaj @ Tauseef vs State Of U.P.
2013 Latest Caselaw 2398 ALL

Citation : 2013 Latest Caselaw 2398 ALL
Judgement Date : 20 May, 2013

Allahabad High Court

Shahbaaj @ Tauseef vs State Of U.P. on 20 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 1098 of 2013
 

 
Petitioner :- Shahbaaj @ Tauseef
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Akhilesh Chauhan
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

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 in the present case the FIR was lodged under sections 323, 504, 506, 326 IPC and section 3(1)X SC/ST Act. According to the prosecution version the offence under section 326 IPC is made out. It is alleged that the injured was chased by the applicant and other co-accused and thereafter they caused injury by using the blunt object. There is general allegation against the applicant and other co-accused persons. But according to the statement of witness Raghvendra Mishra, the co-accused Parwej caused injury by using the Batta on the left side of fore head by which the eye of the injured has been affected. The case of the applicant is distinguishable with the case of co-accused Parwej. The applicant is in jail since 7.12.2012.

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 Shahbaaj @ Tauseef involved in case crime No. 830 of 2011 under sections 323, 504, 506, 326 I.P.C., P.S. Kotwali Nagar, District Pratapgarh 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