Lakhan Singh And Another vs State Of U.P.
2016 Latest Caselaw 2041 ALL

Citation : 2016 Latest Caselaw 2041 ALL
Judgement Date : 28 April, 2016

Allahabad High Court

Lakhan Singh And Another vs State Of U.P. on 28 April, 2016

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13516 of 2016
 

 
Applicant :- Lakhan Singh And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mohit Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present bail application has been filed by the applicants in case crime No. 229 of 2015, under Sections 308, 325, 324, 504 IPC, police station Kanth, District Moradabad with the prayer to enlarge them on bail.

I have perused the prosecution story as set up in the FIR and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicants is that the applicants have been falsely implicated due to ulterior motive. It is further contended that it is a matter of cross case. F.I.R. was lodged from both the sides and persons from both the sides have sustained injuries. At this stage, it cannot be said as to which party was the aggressor and the alleged incident had taken place at the spur of the moment. It is lastly contended that the applicants are in jail since 08.04.2016 and in case they are enlarged on bail, they will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicants, namely, Lakhan Singh and Rajendra involved in the aforesaid crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.

Order Date :- 28.4.2016

Anand