Allahabad High Court
Har Prasad vs State Of U.P. on 29 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22643 of 2019
Applicant :- Har Prasad
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Rajesh Kumar Yadav, learned counsel filed Vakalatnama 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 against six persons including the applicant. In the first information report, it has been mentioned that the applicant and other co-accused surrounded the deceased and on the exhortation of Ram Prakash the co-accused Mukesh fired upon the deceased due to which he sustained gun shot injury on his neck resultantly died. In post mortem report one gun shot injury has been found to the deceased. The main role of causing injury to the deceased with fire arm has been assigned to co-accused Mukesh. The case of the applicant is distinguishable from the case of co-accused Mukesh. It has further been submitted that co-accused Gyan Singh and Suresh having identical role have already been released on bail by this court vide orders dated 17.5.2019 and 21.5.2019 in Crl. Misc. Bail Application No. 20717 of 2019 and 21074 of 2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 12.2.2019.
Per contra, learned counsel for the complainant as well as learned AGA opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Gyan Singh and Suresh having identical role have already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Har Prasad involved in Case Crime No.31 of 2019, under Section 147, 148, 149, 307, 302, 504 IPC Police Station Gunnaur, District Sambhal be released on bail on his furnishing a personal bond and 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 :- 29.5.2019
Masarrat
