Bindra Prasad vs State Of U.P.
2013 Latest Caselaw 6789 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6771 of 2013
 

 
Applicant :- Bindra Prasad
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sudhir 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 the applicant is old man aged about 70 years. The allegation against the applicant and three other co-accused is that they caused injury by using the lathi danda blows consequently three persons sustained injuries, out of which one person succumbed to his injury. According to the post mortem examination report and medical examination report all the persons caused injuries by using the  lathi danda. Considering the old age of the applicant, his case 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 Bindra Prasad involved in case crime no.  93 of 2013 under Sections 147, 148, 342, 323, 304 I.P.C. and section 3(2)V SC/ST Act, P.S.  Jahangirabad, 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