Jagdish vs State Of U.P.
2019 Latest Caselaw 3228 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16179 of 2019
 

 
Applicant :- Jagdish
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mayank Yadav,Anubhav Kumar Vimal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Hardev Prajapati, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

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

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. The FIR of the alleged incident was lodged against 4 persons including the applicant. As per FIR co-accused Rahul had caused the death of the deceased Bhoori by strangulation. As per postmortem report, ligature mark was found on the neck of the deceased and hyoid bone was found fractured and the cause of death is due to asphyxia as a result of ante mortem strangulation. It has further been submitted that applicant is Samdhi of the deceased. He has no concern with the alleged incident. It has further been submitted that co-accused Dinesh having identical role has already been released on bail by another bench of this court vide order dated 11.4.2019 in Criminal Misc. Bail Application No. 15103 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 3.10.2018.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Dinesh having identical role has 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. 216 of 2018, under section 302 IPC, P.S. Dholna, District Kasganj 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 :- 19.4.2019

Masarrat