Shamshed vs State Of U.P.
2013 Latest Caselaw 2451 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2897 of 2013
 

 
Petitioner :- Shamshed
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ghazaneer Haider,C.P. Karn
 
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 according to the prosecution version the alleged occurrence has taken place on 1.5.2012 at about 4.00 P.M., its FIR has been lodged on 1.5.2012 at 9.05 P.M. It is alleged that the applicant and three other co-accused persons discharged the shots consequently the injured Lallu sustained injuries. According to the medical examination report the injured has sustained three fire arm wounds of entry.  According to the FIR there is general role  against the applicant and other co-accused persons but   injured stated under section 161 Cr.P.C. that the first shot was discharged by the co-accused Pawan Sharma which was missed, thereafter co-accused  Mahetab & Sudhanshu discharged shots, in their company the applicant was exhorting. The co-accused Sudhansu Upadhyay has been released on bail by the another bench of this court on 12.3.2013. The applicant is in jail since 6.6.2012. The case of the applicant is on the better footing with case of other co-accusedSudhanshu who allegedly caused the injury to the injured.

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 Shamshed involved in case crime No. 308 of 2012 under section s 307, 504, 506 I.P.C. and section 3/25/27 Arms Act, P.S.  Kotwali Nagar, District  Barabanki 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