Raj Kishore @ Muchchhad vs State Of U.P.
2017 Latest Caselaw 5239 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38698 of 2017
 

 
Applicant :- Raj Kishore @ Muchchhad
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Vivekanand Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ravindra Nath Kakkar,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

The applicant Raj Kishore @ Muchchhad seeks bail in Case Crime No. 35 of 2017, under Section 302, 201, 120-B I.P.C., Police Station-Nasirpur, District-Firozabad.

Learned counsel for the applicant submitted that applicant is not named in the F.I.R. and  has been falsely implicated in this matter.  It is further contended that co-accused Abhay Kumar @ Tinku has already been granted bail vide order dated 28.08.2017 passed in Criminal Misc. Bail Application No. 25607 of 2017 by this Court and the case of the applicant stands on identical footing, hence, the applicant is also entitled for bail on the ground of parity.  It is lastly submitted that the applicant is in jail since 20.03.2017 and he has no criminal history.

Per contra, learned AGA has opposed the prayer for grant of bail to the applicant. However, he admitted that co-accused Abhay Kumar @ Tinku has already been granted bail by this Court and he has no criminal history.

Seeing the facts 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, I think it is a fit case for bail.

Let the applicant Raj Kishore @ Muchchhad in Case Crime No. 35 of 2017, under Section 302, 201, 120-B I.P.C., Police Station-Nasirpur, District-Firozabad be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant shall co-operate in the investigation.

2. The applicant shall not tamper with the prosecution evidence.

3. The applicant shall not pressurize the prosecution witnesses.

4. The applicant shall appear on the date fixed by the trial Court.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 9.10.2017/AKT