Allahabad High Court
Raj Kumar vs The State Of U.P. on 21 May, 2013
Bench: Ravindra Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- BAIL No. - 2859 of 2013
Petitioner :- Raj Kumar
Respondent :- The State Of U.P.
Petitioner Counsel :- Sunil Dixit
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., Sri Bhupendra Nath Tripathi, learned counsel for the complainant and perused the record.
It is contended by learned counsel for the applicant that in the present case the FIR has been lodged under sections 324, 323, 504, 506 IPC, the applicant and three other co-accused are named in the FIR. According to the FIR also the alleged occurrence had taken place in a sudden quarrel, it was not pre intended. The allegation is that applicant and other co-accused persons caused injuries by using the lathi and kaata blows, consequently the wife of first informant sustained injury. The first informant has also been medically examined. According to the medical examination report he had sustained two injuries caused by hard and blunt object and both are simple in nature. The injured Smt. Vishun Daie had sustained only one incised wound on her head, it was grievous in nature caused by sharp edge weapon. Smt. Arti, Daughter of Gaya Prasad has also been medically examined but no mark of injury was seen on her person. According to the X-ray report of the injured Vishu n Daie nothing abnormal was detected which shows that the nature of the injury marked by the doctor as grievous without X-ray report is not proper. It is also submitted that according to the statement of injured Smt. Vishun Daie the accused persons armed with lathi, Danda and Gadasa caused injury on her person consequently she became unconscious. She categorically stated that co0accused Lalit Kumar was armed with Gadasa, remaining accused persons were armed with Lathi. The co-accused Lalit Kumar allegedly caused injury to the injured Smt. Vishun Daie has been released on bail by the courts below. The applicant has been convicted in a offence about 13 years back. Against the order of the conviction he has filed the appeal in which he has been released on bail. The applicant is in jaul since 2.4.2013.
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 Raj Kumar involved in case crime No. 259 of 2012 under sections 308, 323, 324, 504, 506 I.P.C., P.S. Fursatganj, District Amethi 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 :- 21.5.2013
RPD
