Chhotu Mishra vs State Of U.P.
2013 Latest Caselaw 6682 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6534 of 2013
 

 
Applicant :- Chhotu Mishra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rana M.P.Singh,M. Sharma
 
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.  The alleged incident has taken place in the night of 11.7.2013 at 12 O'clock. Its FIR has been lodged on 13.7.2013 at  8.00 A.M.. The name of the applicant has been disclosed by injured under section 161 Cr.P.C.. According to the medical examination report  the injured has sustained superficial to deep burn injury about 36% on the non vital part of the body. The case of the applicant is distinguishable with the case of other co-accused persons.  Therefore, the applicant may be released on bail.

After considering the facts, circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Chhotu Mishra involved in case crime no. 138 of 2013 under Sections 323, 324, 504 I.P.C., P.S. Sidhauli, 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 following 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 conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 29.10.2013

RPD