Aditya Kumar vs The State Of U.P.
2013 Latest Caselaw 6669 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6496 of 2013
 

 
Applicant :- Aditya Kumar
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Nadeem Murtaza
 
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 according to the prosecution version the alleged occurrence has taken place on 17.4.2013 at about 6.30 P.M. Its FIR has been lodged on 18.4.2013 at 6.25 A.M. The applicant is not named in the FIR whereas two other co-accused are named in the FIR. It is alleged that the deceased was taken away by force by co-accused Vijay, Amar and three unknown miscreants. He was beaten, thereafter he electrocuted and thrown from the road side. But according to the post mortem examination report the deceased has sustained only three injuries caused by hard and blunt object, none of the injury was caused due to electrocution. The case of the applicant is distinguishable with the other co-accused who are named in the FIR. The applicant is not having criminal antecedent, therefore, he may be released on bail.

In reply of the above contention , it is submitted by learned A.G.A. that name of the applicant has come into light during investigation, therefore, the applicant may not be released on bail.

Considering the submissions 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 whereas the co-accused Vijay and Amar are named in the FIR. His case is distinguishable with the case of other co-accused. The applicant is in jail since 13.5.2013.

Let the applicant Aditya Kumar involved in case crime no. 76 of 2013 under Sections 364 , 452, 302 I.P.C., P.S. Husainganj, District Lucknow 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/