Citation : 2016 Latest Caselaw 4105 ALL
Judgement Date : 12 July, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21906 of 2016 Applicant :- Virendra Pratap Singh & Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Vijay Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Abhai Kumar, J.
Sri Raj Kamal, Advocate, has filed his Vakalatnama today on behalf of complainant, which is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and private counsel and also perused the record.
It is submitted by learned counsel for the accused-applicants that cross cases are there and report by the accused was registered earlier. It is also submitted by learned counsel for the applicants that three persons were also injured on the accused side having various injuries, whereas complainant side lodged the report after deliberating the matter.
Learned A.G.A for the State opposed the prayer for bail and submitted that six persons are injured from the side of prosecution and opposed for bail.
No serious injury on any part is said to have been received from the prosecution side, three persons are also injured from the side of accused persons, who have received various injuries and old enmity admitted and civil suit is pending in this regard.
It is next contended that the applicant is in jail since 16.04.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.
Let the applicants ? Virendra Pratap Singh and Radhey Shyam @ Raghai @ Dev Narain Singh, involved in Case Crime No. 255 of 2014, Case No. 365/2016, under Sections 147, 148, 323, 325, 504, 506 of I.P.C and Section 3 (1) (10) S.C/S.T Act, Police Station ? Utraon, District ? Allahabad, be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 12.07.2016.
Vinod.
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