Jagdish vs State Of U.P.
2019 Latest Caselaw 2277 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13617 of 2019
 

 
Applicant :- Jagdish
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Vivek Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 11 persons including the applicant making general allegation for committing marpit with the deceased. No specific role has been assigned to the applicant. In postmortem report 3 injuries have been found on the body of the deceased and the cause of death of the deceased has been shown coma as a result of head injury but it is not specified as to who is the author of this head injury. There is cross version of the alleged incident. From the side of the applicant one FIR under section 308 IPC has also been lodged. It has further been submitted that co-accused Ram Nayan Bind, Lalji, Raju @ Ramautar, Kaushal, Hari Prasad, Ajay and Sheetla Prasad having identical role have already been released on bail by another bench of this court vide orders dated 6.12.2018, 14.12.2018, 7.12.2018 and 13.12.2018 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 24.2.2019.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Ram Nayan Bind, Lalji, Raju @ Ramautar, Kaushal, Hari Prasad, Ajay and Sheetla Prasad having identical role have already been released on 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 applicant Jagdish involved in Case Crime No. 143 of 2018, under section 147, 323, 336, 504, 506, 304 IPC, P.S. Khetasarai, District Jaunpur be released on bail on his 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 applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He 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 applicant.

Order Date :- 2.4.2019

Masarrat