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2009 Supreme(All) 3222
2010 (71) ACC 863
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Ashwani Kumar Singh, J.
Raju Yadav - Petitioner
Vs.
State Of U.P. - Respondent
Crl. Misc. C. No. - 6211 of 2009
Decided on : 18.9.2009
Petitioner Counsel:- Parmeshwar Dutt Tiwari
Respondent Counsel:- Govt.Advocate
The main legal point established in the judgment is that the decision to grant bail was influenced by the lack of specific evidence linking the accused to the alleged crime and the absence of a typical wound consistent with the alleged weapon.
Headnote:
Bail - Criminal Law - The court granted bail to the applicant based on the lack of specific evidence linking the accused to the alleged crime and the absence of a typical wound consistent with the alleged weapon. The court found it to be a fit case for granting bail.
Fact of the Case:
The applicant was involved in a case involving various sections of the Indian Penal Code (IPC) related to a dispute between the accused and the deceased person, with the deceased having several injuries. The applicant was alleged to be armed with a 'Kulhadi', but no typical wound of 'Kulhadi' could be found in the postmortem report. No specific role was assigned to the accused persons.
Finding of the Court:
The court, without entering into the merit of the case, granted bail to the applicant based on the lack of specific evidence linking the accused to the alleged crime and the absence of a typical wound consistent with the alleged weapon.
Issues: The main issue was whether the applicant should be granted bail despite the allegations against him.
Ratio Decidendi: The court's decision was influenced by the lack of specific evidence linking the accused to the alleged crime and the absence of a typical wound consistent with the alleged weapon, leading the court to find it to be a fit case for granting bail.
Final Decision: The court granted bail to the applicant Raju Yadav in the case crime number upon furnishing a personal bond and two local and reliable sureties to the satisfaction of the Magistrate/court concerned.
Ashwani Kumar Singh, J.
Heard learned counsel for the applicant, learned AGA and perused the record. The applicant is involved in Case Crime No. 185 of 2009, under Sections? 147,148,323,504, 506308, 304 IPC, Police Station Gosainganj, District Lucknow.
2. It is submitted on behalf of the applicant that according to the FIR version there was some dispute between the accused and the deceased person. It is further submitted that the deceased had several injuries on his person. That cross FIR has also been lodged by the applicant side. In the FIR no specific weapon has been assigned to any of the accused person but subsequently in the statement it has come that the applicant was armed with 'Kulhadi'. On perusal of postmortem report no typical wound of 'Kulhadi' could be found. It has further been submitted that no specific role has been assigned to the accused persons including the applicant.
3. The bail is, however, opposed by the learned AGA.
4. In view of the aforesaid facts and circumstances, without entering into the merit of the case, I find it to be a fit case for granting bail. Let the applicant Raju Yadav be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two local and reliable sureties in the like amount to the satisfaction of the Magistrate / court concerned.
