Allahabad High Court
Amar Pal vs State Of U.P. on 22 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21401 of 2019
Applicant :- Amar Pal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Joshi
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri R.K. Verma, learned counsel filed Parcha on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged on 6.11.2018 against four persons including the applicant making general allegation for committing marpit with the deceased and the injured persons with hockey, stick and iron rod. The date of alleged incident has been shown as 1.11.2018. The deceased died on 4.11.2018 during treatment. According to the postmortem report, one surgical stitch wound and one lacerated wound were found on the body of the deceased. The injuries of the injured Ashok Kumar is simple in nature. Fracture shaft of ulna bone has been found to injured Ankul. Rest of the injuries of Ankul are simple in nature. It has further been submitted that only two injures have been found on the body of the deceased but it is not specified as to who is the author of these injuries. There is general allegation against the applicant and 3 other co-accused. No specific role has been assigned to the applicant. The F.I.R. of the alleged incident was lodged with delay of 5 days and there is no explanation of this delay. Recovery of Danda has been shown from the possession of the applicant. There was no blood stain on the alleged recovered Danda. The applicant has not committed the alleged offence. The co-accused Anuj having identical role has already been released on bail by this court vide order dated 26.4.2019 in Criminal Misc. Bail Application No. 17485 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 7.11.2018.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicant is named in the FIR. Danda has been shown in the hands of applicant. The applicant and other co-accused have committed the alleged offence, therefore, he is not entitled for 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 Amar Pal involved in Case Crime No. 1126 of 2018, under section 302, 323, 504, 506 IPC, P.S. Majhola, District Moradabad 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 :- 22.5.2019
Masarrat
