Shimon vs State Of U.P.
2019 Latest Caselaw 168 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6912 of 2019
 

 
Applicant :- Shimon
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sharad Sharma,Shivendra Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of the applicant, is taken on record.

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 four persons including the applicant making general allegation for committing marpit with the deceased. In postmortem report the cause of death of the deceased has been shown as a result of ante mortem head injury. It is not specified as to who is the author of this head injury. There is general allegation against the applicant. No specific role has been assigned to him. It has further been submitted that there is no material on record to show that the applicant has lent domestic article from the shop of the deceased. In the statement of informant Zaheer Ahmad (P.W. 1) it has come that he has not heard the hot talk in between the applicant and deceased prior to the alleged incident. It has further been submitted that co-accused Satya Prakash having identical role has already been released on bail by another bench of this court vide order dated 14.12.2018 in Criminal Misc. Bail Application No. 44169 of 2018, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 17.6.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Satya Prakash 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 Shimon involved in Case Crime No. 375 of 2018, under section 302/34, 504, 427 IPC, P.S. Swar, District Rampur 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 :- 26.2.2019

Masarrat