Kamlesh vs State Of U.P.
2019 Latest Caselaw 3303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16378 of 2019
 

 
Applicant :- Kamlesh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Suresh Dhar Dwivedi
 
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 4 persons including the applicant making general allegation for committing marpit with the deceased. In FIR no weapon has been shown in the hands of the applicant as well as other co-accused. According to postmortem report 4 injuries have been found on the body of the deceased and cause of death of the deceased has been shown Coma due to ante mortem head injury but it is not specified as to who is the author of head injury. It has further been submitted that applicant has not committed the alleged offence. He has no concern with the alleged incident. There was no motive to the applicant to commit the alleged offence. The co-accused Khushiram having identical role has already been released on bail by another bench of this court vide order dated 10.4.2019 in Criminal Misc. Bail Application No. 14313 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 10.11.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Khushiram 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 Kamlesh involved in Case Crime No. 461 of 2018, under section 302, 506 IPC, P.S. Khutar, District Shahjahanpur 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 :- 22.4.2019

Masarrat