Citation : 2013 Latest Caselaw 2671 ALL
Judgement Date : 23 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- BAIL No. - 478 of 2013 Petitioner :- Mastram Respondent :- The State Of U.P. Petitioner Counsel :- Kamlesh Kumar Shukla,Dinesh Kumar Sharma 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 the allegation against the applicant is that he used the Bhala blows in causing the injury. According to the medical examination report the injured has sustained four injuries in which injury No. 4 was penetrated wound on left side of amblicus over the above abdomen. From the side of the applicant one Bhagwan Din sustained injuries. He was medically examined on 25.10.2012, He had sustained six injuries. The FIR of the applicant has not been registered, therefore the applicant's father Bhagwan Din has made the application under section 156(3) Cr.P.C. The injuries sustained by the applicant' side has not been explained. The prosecution has not come with clean hands.
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 Mastram involved in case crime No. 242 of 2012 under section s 323, 326, 504, 506 I.P.C., P.S. Tikaitnagar, 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 :- 23.5.2013
RPD
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