Allahabad High Court
Radhey Shyam Yadav vs State Of U.P. on 2 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18704 of 2019
Applicant :- Radhey Shyam Yadav
Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav,Zafar Abbas
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 4 persons including the applicant making general allegation for committing marpit with the deceased and injured person with Lathi, Danda and Tangi. According to postmortem report 2 injuries have been found on the body of the deceased. Injury no. 1 was lacerated wound 2.0 cm x 0.5 cm x bone deep left side face 3 cm below eye and injury no. 2 lacerated wound 5 cm x 0.5 cm x bone deep right side skull 9 cm behind ear. The cause of death of the deceased has been shown coma due to head injury but it is not specified as to who is the author of these injuries. There is general allegation against the applicant. No specific role has been assigned to him. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The co-accused Ghanshyam Yadav having identical role has already been released on bail by another bench of this court vide order dated 21.3.2018 in Criminal Misc. Bail Application No. 10631 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 16.6.2017.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Ghanshyam 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 Radhey Shyam Yadav involved in Case Crime No. 0158 of 2017, under section 302, 308, 323, 324, 504, 506 IPC, P.S. Deedarganj, District Azamgarh 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 :- 2.5.2019
Masarrat
