Citation : 2013 Latest Caselaw 6698 ALL
Judgement Date : 29 October, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- BAIL No. - 6594 of 2013 Applicant :- Pramod Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Kaushal Kishore Tewari 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 according to the prosecution version the FIR has been lodged 17.2.2012 at 1.30 P.M. in respect of the incident allegedly occurred on 16.2.2012 at about 1.30 A.M. It is alleged that the applicant being driver of the vehicle and one co-accused Shiv Ratan Lal @ Pappu brought the dead body of the deceased of his house. According to the post mortem examination report the deceased has sustained only one contusion as ante mortem injury. The cause of death could not be ascertained, hence viscera was preserved. But in viscera report poison was found. The applicant is in jail since 26.4.2013. 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 Pramod Kumar involved in case crime no. 112 of 2012 under Section 302 I.P.C., P.S. Pasgawan, District Kheri 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
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