Citation : 2013 Latest Caselaw 6748 ALL
Judgement Date : 30 October, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- BAIL No. - 6689 of 2013 Applicant :- Sarvan Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar 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 according to the FIR the allegation against the applicant is that in drunken condition the deceased was thrown in the water, consequently he died. According to the post mortem examination report the cause of death was drowning. The applicant is not having the motive to commit the alleged offence. The applicant is in jail since 22.7.2013. 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 Sarvan involved in case crime no. 241 of 2013 under Sections 304 I.P.C., P.S. Mohammadpur Khala, District Barabanki 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 :- 30.10.2013
RPD
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