Umesh And 3 Others vs State Of U.P.
2019 Latest Caselaw 4308 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19238 of 2019
 

 
Applicant :- Umesh And 3 Others
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Amitabh Tripathi
 
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.

Learned counsel for the applicants submits that the FIR of the alleged incident was lodged against 7 persons including the applicants making general allegation for committing marpit with the injured persons. There is cross version of the alleged incident. The FIR from both sides have been lodged. 4 persons have sustained injuries from side of the applicants and 5 persons have sustained injuries from side of prosecution. It has further been submitted that at this stage it can not be determined that who was the aggressor. It has further been submitted that co-accused Subhash Tiwari having identical role has already been released on bail by another bench of this court vide order dated 1.3.2019 in Criminal Misc. Bail Application No. 5965 of 2019, therefore, the applicants are also entitled for bail on the ground of parity. The applicants have no criminal history and are in jail since 11.4.2019.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Subhash Tiwari 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 applicants Umesh, Amit, Amardeep and Jhinku @ Raj Kumar involved in Case Crime No. 177 of 2016, under section 147, 148, 323, 325, 308, 504, 506, 435 IPC, P.S. Jathan Bazar, District Kushi Nagar 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