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Allahabad High Court · body

2015 DIGILAW 1197 (ALL)

Pappu @ Shakeel v. State of U. P.

2015-05-13

RANJANA PANDYA

body2015
JUDGMENT Mrs. Ranjana Pandya, J. Sri V.K., learned counsel has filed Parcha on behalf of the complainant, be taken on record. 2. 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. 3. Learned counsel for the applicants submits that applicant is innocent and has falsely been implicated in this case. The main role of causing injury to the deceased with fire arm has been assigned to co-accused Karta Kishan. The applicant has not caused any injury to the deceased. In the postmortem report only one fire arm wound of entry has been found to the deceased which is alleged to have been caused by co-accused Karta Kishan, therefore, the case of the applicant is distinguishable from the case of co-accused Karta Kishan. The applicant has no criminal history and is in jail since 20.3.2015. 4. Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that this incident has been caused by the applicant and other co-accused persons with their common object, therefore, the applicant is not entitled for bail. 5. 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. 6. Let the applicant Pappu @ Shakeel involved in case crime no. 09 of 2015, under section 147, 148, 149, 504, 302 IPC and 7 Criminal Law Amendment Act, P.S. Basrehar, District Etawah be released on bail on their 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.