Allahabad High Court
Kallu And Another vs State Of U.P. on 9 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19578 of 2019
Applicant :- Kallu And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four accused persons, namely, Rajveer, Avdhesh, Kallu and Ompal alleging that on 1.11.2018, they assaulted Meharwan with lathi-danda and by kicks and fists, he received three injuries, one on head, resultantly died. It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is cross case in N.C.R. No. 222 of 2018, under Section 323, 504 IPC. It was a case of sudden fight and incident has taken place in spur of moment, both sides have received injuries. At this stage, it is not possible to decide who is the aggressor. There are general allegations against all accused persons. It is not clear from the prosecution case, who is the author of head injury due to which he died. It has further been submitted that co-accused Rajveer and Ompal having identical role have already been released on bail by another bench of this court vide orders dated 5.3.2019 and 2.4.2019 in Criminal Misc. Bail Application No. 9338 of 2019 and 13609 of 2019 respectively, therefore, the applicants are also entitled for bail on the ground of parity. The applicants have no criminal history and are in jail since 11.11.2018.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Rajveer and Ompal having identical role have 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 applicants Kallu and Awadhesh involved in Case Crime No. 333 of 2018, under section 302, 323, 504 IPC, P.S. Bhamaura, District Bareilly be released on bail on their 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 applicants will not tamper with the evidence.
2. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. They 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 applicants.
Order Date :- 9.5.2019
Masarrat
