Allahabad High Court
Daya Ram And Another vs State Of U.P. on 21 December, 2018
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49365 of 2018
Applicant :- Daya Ram And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Manoj Kumar Srivastava, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submits that the FIR of the alleged incident was lodged against four persons including the applicants making general allegation for committing marpit with the deceased and injured Manoj Kumar. It has further been submitted that the deceased was father-in-law of daughter of co-accused Raja Ram and there was some matrimonial dispute in between daughter of Raja Ram and her husband. It is said that on the day of alleged incident the applicants and two others have gone to settle the matter where some hot talk took place and the applicants and two other accused have assaulted the deceased. In postmortem report two lacerated wounds, two abrasions and one contusion have been found on the body of the deceased. Two injuries were found on the head of the deceased but no bony injury has been found to him. It has further been submitted that there is general allegation against the applicants. No specific role has been assigned to them. The co-accused Raja Ram having identical role has already been released on bail by another bench of this court vide order dated 5.10.2018 in Criminal Misc. Bail Application No. 37440 of 2018, therefore, the applicants are also entitled for bail on the ground of parity. The applicants have no criminal history and are in jail since 16.10.2018.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicants have committed the alleged offence, therefore, they are not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicants Daya Ram and Ramavtar @ Bhoora involved in Case Crime No. 316 of 2018, under section 302, 323, 452 IPC, P.S. Lodha, District Aligarh be released on bail on their furnishing a personal bond with 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. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. They shall 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 :- 21.12.2018
Masarrat
