Babu Ram vs The State Of U.P.
2013 Latest Caselaw 6631 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6497 of 2013
 

 
Applicant :- Babu Ram
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Surya Prakash Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

It is contended by learned counsel for the applicant that applicant is brother-in-law (Shaala) of the deceased's brother. The deceased has died due to head ante mortem injury. It is alleged that three persons including the applicant caused injuries by using the lathi danda blows. According to the post mortem examination report the deceased has sustained three ante mortem injuries. The injury No. 1 was fatal, it has not been specified as to whose blow caused the injury No. 1, it was fractured on temporal and parietal bone. The applicant is in jail since 19.11.2012. On account of family dispute the deceased has been killed. The case of the applicant is distinguishable with the case of co-accused Mata Prasad and Smt. Phoolmati. Smt. Phoolmati has been released on bail in bail application No. 4348 of 2013, therefore, the applicant may be released on bail.

In reply of the above contention, it is submitted by learned A.G.A. that the applicant has active role, therefore, he may not be released on bail.

Considering the submission made by learned counsel for the applicant, learned A.G.A., and from the perusal of the record it appears that it is a case in which applicant and two other co-accused caused injuries by using the lathi and danda blows. The deceased has sustained three injuries in which injury No. 1 was fatal. The co-accused Phoolmati has been released on bail. The case of the applicant is distinguishable with the case of co-accused Mata Prasad. The applicant is in jail sine 19.11.2012. In such circumstances, the applicant is entitled for bail.

Let the applicant Babu Ram involved in case crime no. 558 of 2012 under Section 302/504 I.P.C., P.S. Kumarganj, District  Faizabad be released on bail on his furnishing a personal bond and two heavy sureties to the satisfaction of the Court concerned with the 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 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 condition, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 28.10.2013/RPD