Shyam Kishore vs State Of Up
2016 Latest Caselaw 783 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 2173 of 2016
 

 
Applicant :- Shyam Kishore
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Sunil Kumar Yadav,Gaurav Tiwari
 
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 has been lodged against four person including applicant making general allegation of Mar Peet with deceased and injured. In the statement of injured Smt. Surjana it has come that co-accused Harishchandra had caused injury on the head of deceased with wooden pati (charpai pati). In post-mortem report the cause of death of deceased has been shown Comma due to ante-mortem head injury. The applicant had not caused any head injury to the deceased. The co-accused Sarvan Kumar having identical role has already been granted bail by another Bench of this Court vide order dated 05.02.2016, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 02.02.2016.

Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been released on 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 Shyam Kishore involved in Case Crime No.195 of 2015, Under Sections 302, 307, 452, 323, 324, 504, 506 I.P.C., Police Station Khairabad, District Sitapur, 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 :- 17.3.2016

Jitendra