Pannelal vs State Of U.P.
2015 Latest Caselaw 2445 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28940 of 2015
 

 
Applicant :- Pannelal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- A.K. Pathak,Pulak Ganguli
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit has been filed on behalf of the applicant, be taken on record.

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

Learned counsel for the applicant submits that initially the NCR of the alleged incident was lodged under sections 323, 504, 506 IPC. After the death of the deceased the case was converted under section 304, 323, 504, 506 IPC. In the first information report there is general allegation against the applicant and two other accused persons for committing marpeet with the deceased with kick and fists. No weapon has been shown  in the hands of the applicant. It has not specified as to who has caused the injury in the abdomen of the deceased.The applicant has not committed the alleged incident. False allegation has been made against the applicant. There is no criminal history of the applicant and is in jail since 27.6.2015.

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

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant  Pannelal involved in Case Crime No. 65 of 2015, under Sections 304, 323, 504, 506 IPC,  P.S. Belghat,, District Gorakhpur 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 evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate 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 at liberty to cancel the bail of the applicant.

Order Date :- 18.9.2015

A.