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Allahabad High Court · body

2015 DIGILAW 1522 (ALL)

Jagdish Loniya v. State of U. P

2015-06-11

ARVIND KUMAR MISHRA I

body2015
JUDGMENT Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. Learned counsel for the applicant submits that general allegations of assault have been levelled against the applicant. The incident is alleged to have its genesis through the N.C.R. lodged against the accused persons which latter on converted under sections 147, 323, 504, 304 after death of victim Kamla Devi. There is no independent testimony pointing out/isolating the role of the applicant in the commission of the offence. There is no evidence as to who caused the vital blow upon the deceased. Similarly placed co-accused Dhanpal @ Dhanvan has been enlarged on bail by this Court vide order dated 2.4.2015 passed in Bail No. 2166 of 2015. The role of the applicant is at par to that of aforesaid co-accused. The applicant is in jail since 6.9.2014. 3. The learned A.G.A. has vehemently opposed the prayer for bail but conceded the aforesaid facts submitted by the learned counsel for the applicant. 4. Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed. 5. Let the applicant Jagdish Loniya involved in case crime no. 615 of 2014 under Sections 147, 323, 504, 304 I.P.C. & section 3(2) 5 SC/ST Act Police Station Kheri district Kheri, be released on bail on his executing a personal bond and furnishing 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 during the trial. (2) The applicant will not pressurize/intimidate the prosecution witness. (3) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.