Citation : 2013 Latest Caselaw 2484 ALL
Judgement Date : 21 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- BAIL No. - 2863 of 2013 Petitioner :- Rajendra Prasad Pandey Respondent :- State Of U.P. Petitioner Counsel :- Indrajeet Shukla 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 K.N. Mishra, learned counsel for the complainant and perused the record.
It is contended by learned counsel for the applicant that in case the FIR has been lodged on 2.3.2013 at 10.30 A.M. in respect of the incident allegedly occurred on 12.2.2013 at 4.00 P.M. The applicant is named in the FIR. It is alleged that the applicant has snatched the amount of Rs. 3,000/-. It is a case in which nobody has sustained any injury. The FIR has been lodged due to ulterior motive, it has been lodged on account of village party bandi.
In reply of the above contention, it is submitted by learned A.G.A. that that applicant have been convicted under sections 460/ 411 IPC, after conviction he has filed the appeal in which he has been released on bail but after releasing on bail he has committed the offence, therefore, he may not be released on bail.
Considering the facts, circumstances of the case, submission made by learned counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that the applicant who is in jail since 30.3.2013 is entitled to be released on bail.
Let the applicant Rajendra Prasad Pandey involved in case crime No. 15 of 2013 under sections 323, 394, 504, 506 I.P.C. and section 3(2)V of SC/ST Act, P.S. Umari Begumganj, District Gonda 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
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