Ram Milan Pal vs State Of U.P.
2013 Latest Caselaw 6664 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6514 of 2013
 

 
Applicant :- Ram Milan Pal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Manish Bajpai,Amit Kumar Srivastava
 
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 the FIR of this case has been lodged on 9.8.2011 at 8.00 A.M. in respect of the incident allegedly occurred on 8.8.2011. According to the post mortem examination report the deceased has died due to hanging. The applicant has been named in the FIR only on the basis of doubt and suspicion, therefore, the applicant may be released on bail

In reply of the above contention, it is submitted that in the present case the applicant is named in the FIR and cause of death is due to ante mortem hanging. The deceased has sustained four ante mortem injuries. 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. and from the perusal of the record it appears that in the present case the deceased has died due to hanging and the naming of the applicant is only on the basis of doubt and suspicion, therefore, the applicant is entitled for bail.

Let the applicant Ram Milan Pal involved in case crime no. 166 of 2011 under Section 302 I.P.C., P.S. Reosa, District Sitapur 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