Citation : 2013 Latest Caselaw 6811 ALL
Judgement Date : 31 October, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- BAIL No. - 7039 of 2013 Applicant :- Ram Chandar Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Bajpai Counsel for Opposite Party :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and Sri Sandeep Singh, learned counsel for the complainant.
It is submitted by learned counsel for the applicant that according to the prosecution version the alleged occurrence has taken place on 17.11.2012 at 8.00 P.M. Its FIR has been lodged on 18.11.2012 at 1.30 P.M. The allegation against the applicant and three other co-accused persons are that they caused injury by using the lathi, danda and Gadasa blows. In the said incident four persons have sustained injuries out of which two persons have lost their lives. The co-accused Balak Ram and Jogender and Chhotkan have been released on bail in Criminal Misc. Bail Application No 4296 of 2013, 5696 of 2013 and 6585 of 2013. The case of the applicant is also based on the same footing with the case of above mention co-accused. 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 Ram Chandar involved in case crime no. 760 of 2012 under Sections 323, 308, 455, 304 I.P.C., P.S. Khairighat, District Bahraich 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.
The proceedings pending against the applicant and other co-accused persons shall be expedited by the trial court without granting any unnecessary adjournment to either of the side.
Order Date :- 31.10.2013
RPD
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