Dalganjan vs State Of U.P.
2013 Latest Caselaw 6778 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6690 of 2013
 

 
Applicant :- Dalganjan
 
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 prosecution version the alleged occurrence has taken place on 22.4.2013 at 7.00 P.M. Its FIR has been lodged on 24.4.2013 at 7.00 P.M. The applicant and other co-accused person have been  named in the FIR on the basis of the doubt and suspicion. There is no eye witness account and nothing incriminating has been recovered from the possession of the applicant. According to the post post mortem examination report the  cause of death was due to straingulation. 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 Dalganjan  involved in case crime no. 122 of 2013 under Sections 302, 201 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