The High Court granted bail to the applicant in a criminal case involving IPC Sections 323, 504, and 304. The court found it a fit case for bail on personal bond and two sureties, imposing standard conditions regarding tampering with evidence and future conduct.
The applicant be released on bail by furnishing a personal bond and two sureties in the like amount.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24535 of 2019
Applicant :- Lalu Opposite Party :- State Of U.P. Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 02 of 2019 under Sections 323, 504, 304 I.P.C. Police Station Gadhiyarangeen, District Shahjahanpur.
Learned counsel for the applicant submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated due to ulterior motive. The deceased used to work as labourer with the applicant who sustained head injuries due to falling down from motor cycle while he was in drunken-state. Further submission is that the victim has received two head injuries though F.I.R. states that he was badly beaten by the two accused. Neither any weapon of assault has been assigned nor there is any independent eye-witness of the occurrence. The applicant has no previous criminal history. He is in jail since 5.1.2019 and if he is granted liberty, he will not misuse the same.
Learned A.G.A. has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Lalu involved in the aforesaid crime 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:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.6.2019
Ram Murti
1 issue framed by the court
Whether the accused is entitled to bail in a case involving intentional causing of death and assault.
3 provisions across 1 enactments
Lalu
State Of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
