Awadhraj And Another vs State Of U.P.
2014 Latest Caselaw 7347 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 16
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31657 of 2014
 

 
Applicant :- Awadhraj And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- B.S. Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Het Singh Yadav,J.

Heard Sri B.S. Pandey, learned counsel for the applicants and learned A.G.A. for the State and perused the record.

Sri Pandey submitted that, in fact, the deceased died due to  ante-Mortem injuries which he sustained in a motor vehicle accident. The co-accused Gaya Shukla is the owner of the vehicle. The applicants have been falsely implicated in this case because of previous hostility with the family members of the deceased. Learned counsel for the applicants laid emphasis that  in the inquest report, it is clearly stated that the Panches, appointed by the Investigating Officer,  had  unanimously stated that the deceased had died due to injuries sustained in a motor vehicle accident and he succumbed to those injuries during the treatment in the hospital. Thus, the applicants having been falsely implicated in this case, deserves to be enlarged on bail.

Learned A.G.A. opposed bail prayer.

Having considered  the submissions made above by the learned counsel for both the side, it appears that the deceased had died of injuries which he sustained in a motor vehicle accident as mentioned in the inquest report. Therefore, the applicants deserve to be enlarged on bail.

It is, however, made clear that the views expressed here in above are prima facie in nature for disposal of this bail application only and would have no impact on the trial in any way.

Let the applicants Awadhraj and Rakesh involved in case Crime No. 428 of 2014, under section 304/34 IPC, police station Lalganj, district Basti be released on bail on each one of them furnishing personal bond of Rs. 50,000./- with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

(i). The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them to disclose such facts to the court or to any other authority.

(ii) The applicants shall remain present before the Court on the dates fixed for hearing in the case and will co-operate in the trial. In case of unavoidable circumstances for remaining absent, they shall immediately give intimation to the court concerned through counsel and request be made to the trial court that he may be permitted to be present through counsel.

(iii) They will not misuse the liberty of the bail and will not repeat any such instance in future.

Deviation of any of the above conditions shall entail cancellation of bail.

Order Date :- 9.10.2014

SKS