Pawan Kumar vs State Of U.P.
2015 Latest Caselaw 5647 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 11524 of 2015
 

 
Applicant :- Pawan Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Balram Singh,Shiv Poojan Maurya
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicant, learned  A.G.A. and perused the record.

Learned counsel for the applicant submits that the F.I.R. of the alleged incident was lodged against four named persons including applicant and two unknown persons making general allegation of mar-peet with deceased and injured with country-made pistol, knife, hockey and spear. Thereafter, injured Asharfi Lal in his statement stated that iron rods were in the hands of applicant and co-accused Lalak Ram, lathi in the hands of co-accused Ram Bahadur and hockey in the hands of co-accused Anirudh. There is general allegation against the applicant and other co-accused for committed par-meet with deceased and injured. No specific role has been assigned to the applicant. In post-mortem report three injuries have been found on the body of the deceased. The cause of death has been shown shock and hemorrhage as a result of ante-mortem injuries but it is not specified as to who has caused the fatal injuries to the deceased. It has further been submitted that the recovery of lathi and iron rods have been shown on the pointing out of co-accused Ram Bahadur. No incriminating article has been recovered from the possession of the applicant or on his pointing out. The injuries of injured Asharfi Lal are simple in nature. It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made against him. There is no criminal history of the applicant and he is in jail since 05.07.2015.

Per contra, learned A.G.A. opposed the prayer for bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Pawan KUmar involved in Case Crime No. 337 of 2015, under Sections  147, 148, 149, 323, 504, 506, 324, 308, 302 I.P.C., Police Station Kotwali Mankapur, District Gonda, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

1.   The applicant will not tamper with the evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.

3.   The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to  cancel the bail of the applicant.

Order Date :- 22.12.2015

Jitendra