Citation : 2013 Latest Caselaw 2753 ALL
Judgement Date : 24 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- BAIL No. - 3085 of 2013 Petitioner :- Sunil And Another Respondent :- State Of U.P. Petitioner Counsel :- Vishun Narain,Arun Kumar Mishra Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. and perused the record.
It is contended by learned counsel for the applicants that in respect of said incident NCR was lodged under sections 323, 504, 506 IPC by alleging that the injury has been caused by lathi and danda blows but thereafter the NCR version has been changed and it is alleged that the injuries has been caused by the applicant and other co-accused persons. According to the medical examination report the injured has sustained three injuries, in which injuries No. 1 and 2 were lacerated wound and injury No. 3 was fire arm wound having the blackening but the sheet of injury has not been specified. The medical examination report may be procured document because the brother of the applicants has been killed by the injured Mahesh. Its trial is pending. The applicants are in jail since 11.4.2013.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicants and without expressing any opinion on the merits of the case, the applicants is entitled to be released on bail.
Let the applicants Sunil and Suresh involved in case crime No. 220 of 2013 under sections 307, 323, 504, 506 I.P.C., P.S. Kasimpur, District Harodi 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 :- 24.5.2013
RPD
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