Gopal vs State Of U.P.
2019 Latest Caselaw 4935 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19519 of 2019
 

 
Applicant :- Gopal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashok Kumar Pandey
 
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 the applicant has falsely been implicated in the present case. Initially on 27.11.2018 NCR under section 323, 504, 506 IPC was lodged against the applicant, thereafter, the case was converted under section 308 IPC on the basis of medical report. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to the applicant. Fracture of left parietal bone was seen to the injured Ashok but it is not specified as to who is the author of this injury. The other injuries of the injured are simple in nature. It has further been submitted that co-accused Mohit Saini having identical role has already been released on bail by another bench of this court vide order dated 21.5.2019 in Criminal Misc. Bail Application No. 21253 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 5.4.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Mohit Saini 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 Gopal involved in Case Crime No. 729 of 2018, under section 323, 324, 504, 506, 308 IPC, P.S. Bhojpur, District Ghaziabad 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 :- 23.5.2019

Masarrat