Allahabad High Court
Suresh Kumar vs State Of U.P. on 12 July, 2023
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:45059 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12341 of 2021 Applicant :- Suresh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Mishra,Anil Kumar Yadav,Arvind Kumar Tiwari,Karunesh Singh,Manoj Kumar,Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard Shri Achal Singh Yadav, learned counsel for the applicant, learned AGA and perused the record.
2. Learned counsel for the applicant argues that the FIR in question was lodged alleging that on 14.05.2021 at about 8 PM, the applicant as well as his mother came in front of the house of the informant in drunken state and started abusing the informant. On hearing the abuses, the son of the informant namely Rajjan came up and stopped them from abusing his mother. As the son of the informant was stopping from abusing, the applicant as well as his mother, both, attacked the son of the informant with fist-blows and lathi, danda, which resulted in injuries to Rajjan. The victim was taken to the hospital. Initially, the case was registered under Section 308, 323, 504 IPC. Subsequently, the victim died. The post-mortem record on record indicated three injuries over the skull.
3. Learned counsel for the applicant argues that the assertions as contained in the FIR were reiterated in the statement also. He argues that the mother of the applicant has been enlarged on bail vide a separate order, however, the applicant continues to languish in jail since 14.06.2021. It is further argued that the applicant has no criminal antecedent.
4. Learned AGA opposes the bail application by arguing that the blows with the use of lathi and danda was caused by the applicant, and the prosecution story is supported by the eyewitness also, which also demonstrates that the applicant has caused blows by use of lathi and danda, which ultimately resulted in the unfortunate death of the son of the informant.
5. Considering the submissions made at the Bar, from the allegation levelled in the FIR, it is revealed that the applicant and his mother were allegedly drunk and on being stopped from abusing the informant by her son, they used lathi and danda to cause injuries on the son of the informant.
6. In the light of the said averments, learned counsel for the applicant argues that in worst case scenario, it would attract an offence punishable under Section 308 IPC and not under Section 304 IPC whereas the applicant is being tried under Section 304 IPC.
7. Without going into the said argument as raised by learned counsel for the applicant at this stage, it is sufficient to note that the applicant is in custody since 14.06.2021 and there is no likelihood of the trial being concluded in near future coupled with the fact that the applicant has no criminal antecedent and there is nothing on record to demonstrate that the applicant, if enlarged on bail, can adversely affect the trial. As such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
8. Let the applicant Suresh Kumar be released on bail in FIR No.164 of 2021, under Section 304, 323, 504 IPC, P.S. Gurubuxganj, District Rae Bareli on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 12.7.2023 nishant