Rang Lal Yadav vs State Of U.P.
2016 Latest Caselaw 111 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 11357 of 2015
 

 
Applicant :- Rang Lal Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Krishana Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate,Lalu Prasad Bhatt
 

 
Hon'ble Bachchoo Lal,J.

Learned counsel for the complainant submits that he does not want to file counter affidavit.

Counter affidavit filed by learned A.G.A. on behalf of State be taken on record.

Heard learned Counsel for the applicant, learned  A.G.A. as well as learned counsel for the complainant and perused the record.

Learned counsel for the applicant submits that the applicant is not named in the F.I.R., his name came into light during investigation. Only the allegation against the applicant is that he indicated deceased in the light of torch and co-accused Roshan Lal opened fire upon the deceased with country-made pistol. In post-mortem report only one fire arm wound of entry has been found to the deceased and the cause of death has been shown Comma due to ante-mortem fire arm injury. The applicant has not caused any fire arm injury to the deceased. The case of the applicant is distinguishable from the case of co-accused Roshan Lal. There is no criminal history of the applicant and he is in jail since 14.06.2015.

Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that the name of the applicant came into light during investigation. The applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled 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 Rang Lal Yadav involved in Case Crime No.668 of 2015, Under Sections 147, 148, 149, 302, 504, 506 I.P.C., Police Station Visheshwarganj, District Baharaich, 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 will 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 :- 9.3.2016

Jitendra