Allahabad: High Court of Judicature at Allahabad has issued the following order:
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 28
Case :- BAIL No. - 9498 of 2014
Applicant :- Nirankar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Bal Krishna Shukla
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Surendra Vikram Singh Rathore,J.
Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the F.I.R. and other relevant documents on record.
The accused-applicant is involved in Case Crime No.2580 of 2014, under Sections 308, 323, 504 I.P.C., Police Station Kotwali Dehat, District Bahraich.
In this case initially NCR was lodged and subsequently on the basis of the injury report the case was converted under Section 308 IPC.
Submission of the learned counsel for the accused-applicant is that in the FIR the role of giving blows with danda has been assigned to both accused persons including the applicant but the injured during investigation has assigned the role of giving blow with danda against the co-accused Omkar. It is further submitted that the only role assigned to the applicant is that of exhortation and the injured has received only one lacerated wound on his head and two other injury on non-vital parts i.e. only complaint of pain. The accused-applicant is languishing in jail since 21.10.2014 as averred in para 3 of the affidavit.
Learned A.G.A. has, however, opposed the prayer for bail but he has not reported any adverse criminal history against the applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let accused-applicant (Nirankar) involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two reliable heavy sureties each in the like amount to the satisfaction of the court concerned on following conditions which are being imposed in the interest of...