Om Prakash vs State Of U.P.
2013 Latest Caselaw 6790 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6705 of 2013
 

 
Applicant :- Om Prakash
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Alok Kumar Srivastava
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, the learned A.G.A. and Sri Vineet Kumar Mishraa, learned counsel for the complainant.

It is submitted by learned counsel for the applicant that according to the prosecutionv ersion the role of exhortation is assigned to the applicant, the applicant did not cause any injury to the deceased. According to the post mortem examination report the deceased has sustained only one lacerated wound. But according to the X-ray report nothing abnormality was detected. The case of the applicant is distinguishable with the case of other co-accused Awadhesh who caused the gun shot injury. 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 Om Prakash involved in case crime no. 181 of 2013 under Sections 302, 323, 504 I.P.C., P.S. Shahabad, District Hardoi 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