Kedar Nath vs The State Of U.P.
2013 Latest Caselaw 6725 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6592 of 2013
 

 
Applicant :- Kedar Nath
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Satish Kumar
 
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 alleged occurrence had taken place on 1.12.2012 at about 8.00 A.M.  Its FIR has been lodged on 1.12.2012 at about 10.30 A.M. The applicant and two other co-accused are named in the FIR. It is alleged that they caused injury by using the lathi, danda and Kudaal blows. It has been specifically alleged that the co-accused Nand Kishore caused injury by using the Kudaal blow. The applicant and Arvind Kumar caused injury by using the  Lathi, danda blows. But it has been specifically alleged by the witnesses in their statement recorded under section 161 Cr.P.C.  that deceased has sustained head injury caused by Kudaal blow. According to the post mortem examination report the deceased has sustained two  ante mortem injuries in which injury No. 1 was lacerated wound on the head and injury No. 2 was abrasion on the neck. The same has been caused by co-accused Nand Kishore.  The case of the applicant is distinguishable with the case of co-accused Nand Kishore. The applicant is in jail since 6.12.2012. 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 Kedar Nath involved in case crime no. 369 of 2012 under Sections 302,323 I.P.C., P.S. Baldirai, District Sultanpur 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