Hansraj Yadav vs State Of U.P.
2019 Latest Caselaw 1827 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11990 of 2019
 

 
Applicant :- Hansraj Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sushil Kumar Mishra,Chandra Prakash Misra
 
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 four persons including the applicant making general allegation for committing marpit with the deceased. At the time of postmortem 5 injuries have been found on the body of the deceased. The injury no. 1 is grievous which was found on the head of the deceased but it is not specified as to who is the author of this injury. There is no independent witness of the alleged incident. It has further been submitted that applicant has not committed the alleged offence. He has falsely been implicated in the present case. The co-accused Banhu Yadav having identical role has already been released on bail by another bench of this court vide order dated 13.2.2019 in Criminal Misc. Bail Application No. 6114 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 20.9.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Banhu Yadav 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 Hansraj Yadav involved in Case Crime No. 205 of 2018, under section 304 IPC, P.S. Vishunpura, District Kushi Nagar 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 :- 27.3.2019

Masarrat