Dinesh And Another Vs. State Of U.P.

Allahabad High Court (Single Judge)

CRIMINAL MISC. BAIL APPLICATION, 26315 of 2017, Judgment Date: Jul 27, 2017

HIGH COURT OF JUDICATURE AT ALLAHABAD 

 

Court No. - 22 

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26315 of 2017 

Applicant :- Dinesh And Another 
Opposite Party :- State Of U.P. 
Counsel for Applicant :- Arun Kumar Tripathi 
Counsel for Opposite Party :- G.A. 

Hon'ble Abhai Kumar,J. 
 

Heard learned counsel for the applicants as well as learned AGA for the State and perused the record. 
The applicants-Dinesh and Shivam seek bail in Case Crime No.39 of 2017 under sections 147, 148, 323, 324, 325, 308, 452, 504 and 506 I.P.C., P.S. Kotwali Farrukhabad, District Farrukhabad. 
Learned counsel for the applicant submitted that similarly placed co-accused Rahul has already been granted bail by another Bench of this Court vide order dated 11.5.2017 passed in Criminal Misc. Bail Application No.17495 of 2017. It is further submitted� that there are general allegations and no specific role has been� shown to anybody. It is also submitted by the learned counsel that Gudiya who received injuries upon his head, same was not found grievous. The applicants are in jail since7.3.2017. 
Learned AGA for the State opposed the prayer for bail.� 
Seeing the facts of the case, as well as submissions made by learned counsel for the parties and also perusing the material brought on record, and also on the ground that similarly placed co-accused has already been released on bail, a prima facie case for bail is made out.� 
Let the applicants- Dinesh and Shivam, involved in Case Crime No.39 of 2017 under sections 147, 148, 323, 324, 325, 308, 452, 504 and 506 I.P.C., P.S. Kotwali Farrukhabad, District Farrukhabad, be released on bail on heir� furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: 
1. The applicants shall co-operate in the investigation. 
2. The applicants shall not tamper with the prosecution evidence. 
3. The applicants shall not pressurize the prosecution witnesses. 
4. The applicants shall appear on the date fixed by the trial Court. 
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identify, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. 
 

Order Date :- 27.7.2017 
N.A.