Ram Sahai And Ors. vs State Of Up
2016 Latest Caselaw 812 ALL

Citation : 2016 Latest Caselaw 812 ALL
Judgement Date : 17 March, 2016

Allahabad High Court

Ram Sahai And Ors. vs State Of Up on 17 March, 2016

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 2189 of 2016
 

 
Applicant :- Ram Sahai And Ors.
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Sunil Kumar Singh,Dhruvendra Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicants, learned A.G.A. and perused the record.

Learned counsel for the applicants submits that the F.I.R. of the alleged incident has been lodged against 18 persons including applicants making general allegation of Mar Peet with deceased and injured persons. No specific role has been assigned to the applicants. In post-mortem report four injuries have been found on the body of the deceased and the cause of death has been shown Comma due to ante-mortem head injury but it has not been specified as to who has caused head injury to the deceased. It has further been submitted that there is cross version of the alleged incident, from the side of applicants six person have also sustained injuries and the F.I.R. from both the side have been lodged. There is no criminal history of the applicants and they are in jail since 19.12.2015.

Per contra, learned A.G.A. opposed the prayer 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 applicants Ram Sahai, Jai Jai Ram, Ram Chandra, Neeraj and Manoj involved in Case Crime No.523 of 2015, Under Sections 304, 147, 323, 504 & 506 I.P.C., Police Station Shahabad, District Hardoi, be released on bail on their 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 applicants will not tamper with the evidence.

2. The applicants will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

3. The applicants 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 applicants.

Order Date :- 17.3.2016

Jitendra