Saurabh Soni vs State Of U.P.
2013 Latest Caselaw 6645 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6498 of 2013
 

 
Applicant :- Saurabh Soni
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anuj Pandey,S.G. 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 submitted by learned counsel for the applicant that the applicant is not named in the FIR. During investigation the father of the deceased seen the applicant  in a perturbed condition. and at the pointing out of the applicant one knife has been recovered, the same has not been used in the commission of the alleged offence. But according the post mortem examination report the deceased has sustained injuries caused by hard and blunt object . The applicat is not having any criminal antecedent. Therefore, the applicant may be released on bail.

In reply of the above contention, it is submitted by learned A.G.A. that the name of the applicant has come into the light during investigation and at his pointing out one knife has been recovered, 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 applicant is not named in the FIR. According to the most mortem examination report the deceased has sustained  ante mortem injuries  caused by hard and blunt object. The recovery of knife has been made  at the pointing out of the applicant and father of the deceased has stated that applicant was seen in a perturbed condition after commission of the alleged offence. In such circumstances, the applicant is entitled for bail.

Let the applicant Saurabh Soni involved in case crime no. 101 of 2013 under Section 302 I.P.C., P.S. Maharajganj,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