RAJA RAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.69 of 2008, under Sections 302, 504, 506 I.P.C., Police Station Tarabganj, District Gonda. It is submitted on behalf of the applicant that co-accused Sanoj having similar allegations of causing injury by lathi against him, has already been enlarged on bail vide this Court's order dated 06.02.2009 passed in Criminal Miscellaneous Case No.783 (B) of 2009 mainly on the ground that the cause of death has been found to be stab wound. Therefore it is said that on the ground of parity he should be enlarged on bail as there is no ground to deprive him from being released on bail. There is no criminal history against him. He is said to be in jail for the last about one year. However, the bail is opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the ground of parity, I find it to be a fit case for granting bail. Let the applicant (Raja Ram) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.