Chandra Pratap Singh vs State Of U.P.
2013 Latest Caselaw 6640 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6489 of 2013
 

 
Applicant :- Chandra Pratap Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Manoj Kumar Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

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

It is contended by learned counsel for the applicant that in the present case the allegation against the applicant and other co-accused is that they hurled the abuses and did the marpeet with the deceased. According to the medical examination report the deceased has sustained only one head injury. It has not been specified as to whose blow caused the head injury. The applicant is not having criminal antecedent. Therefore, the applicant may be released on bail.

In reply of the above contention it is submitted by learned A.G.A. and learned counsel for the complainant that applicant and other co-accused caused injury on the head of the deceased consequently he died. In such circumstances, the applicant may not be released on bail.

Considering the submission made by learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and from the perusal of the record it appears that the allegation of causing the injury is against the two persons including the applicant. According to the post mortem examination report the deceased has sustained only one injury, but it has not been specified as to who caused the said injuries. In such circumstances, the applicant is entitled for bail.

Let the applicant Chandra Pratap Singh involved in case crime no. 340 of 2013 under Section 323, 504, 304 I.P.C., P.S. Ramgaon, District Bahraich 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.

Dt: 28.10.2013

RPD/