Allahabad High Court
Subodh vs State Of U.P. on 14 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20209 of 2019
Applicant :- Subodh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar
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 applicant is innocent and has falsely been implicated in the present case. Initially the FIR was lodged under section 323 and 308 IPC against Subodh (applicant), Raja @ Aakash, Rakesh and one unknown making general allegation for committing marpit with deceased with Lathi, Danda and brick. At the time of medical examination 3 injuries were found on the person of injured/deceased. Injury no. 1 is contusion over left elbow joint. Injury no. 2 was contusion on left side of face and bleeding was present from left ear. The injuries of injured were kept under observation. The deceased died after 12 days of the alleged incident. As per FIR, allegation against 4 persons has been made for committing marpit with the deceased with Lathi, Danda and brick. Injury no. 1 is not on vital part. Injury no. 2 is on face which was fatal to the deceased and injury no. 3 was bleeding from left ear but it is not specified as to who is the author of injury no. 2 and 3 which were on face and ear. There is general allegation against the applicant. It has further been submitted that nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The co-accused Raja @ Aakash having identical role has already been released on bail by this court vide order dated 25.4.2019 in Criminal Misc. Bail Application No. 17378 of 2019, therefore, the appliant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 7.4.2019.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Raja @ Aakash 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 Subodh involved in Case Crime No. 07 of 2019, under section 302 IPC, P.S. Kotwali Fatehgarh, District Farrukhabad 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 :- 14.5.2019
Masarrat
