Ramchandra vs State Of Up
2016 Latest Caselaw 786 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 
Case :- BAIL No. - 2185 of 2016
 

 
Applicant :- Ramchandra
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Sunil Dixit
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Sri Chandra Prakash Verma, Advocate filed vakalatnama on behalf of complainant 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 F.I.R. of the alleged incident has been lodged against four person including applicant making general allegation of Mar Peet with deceased with lathi danda. In post-mortem report nine injuries have been found on the body of the deceased, out of which injury no.1 which is on head is fatal but it has not been specified that who has caused this fatal injury to the deceased. The co-accused Shiv Pratap Pasi and Phool Chandra having identical role have already been granted bail by another Bench of this Court vide orders dated 20.08.2015 and 29.09.2015 respectively, 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 23.05.2014.

Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that 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 Ramchandra involved in Case Crime No.182 of 2014, Under Sections 302, 307, 308, 427, 326, 506, 120-B/34 I.P.C., Police Station Harchandpur, District Raebareli, 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