Dinesh vs State Of U.P.
2013 Latest Caselaw 6853 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- BAIL No. - 6965 of 2013
 

 
Applicant :- Dinesh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Karuna Kant Gupta
 
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  and co-accused are named in the FIR for discharging the shot at the injured. The allegation against the applicant is that he discharged the shot which hit on the hand of the injured whereas shot discharged by the co-accused Arvind hit on the left chest of the injured. The case of the applicant is distinguishable with the case of the co-accused Arvind because the applicant caused injury on the non vital part of the body. 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 Dinesh involved in case crime no.  1149 of 2012 under Sections 307, 323, 504 I.P.C., P.S. Pihani, 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 :- 31.10.2013

RPD