Allahabad High Court
Chhavi Ram @ Chhavi Nath @ Rukku vs State Of U.P. Thru. Prin. Secy. Home Lko. on 21 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3941 of 2023 Applicant :- Chhavi Ram @ Chhavi Nath @ Rukku Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajesh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
Heard Sri Rajesh Kumar Gupta, the learned counsel for the applicant and Sri Uday Bhan Pandey, the learned counsel A.G.A. for the State and perused the record.
The instant application has been filed seeking bail for the applicant in Case Crime no. 235 of 2022, under Section 302, 34 I.P.C., registered at Police Station Arval, District Hardoi.
The aforesaid case has been registered on the basis of F.I.R. lodged on 03.08.2022 against the applicant, his brother and two daughters of his brother, alleging that the informant?s son was in love with co-accused Puja, daughter of applicant?s brother Phool Chandra; that on 30.07.2022 co-accused Puja called the informant?s son by making a phone call and asked for a new phone and some money; that the informant?s son went from his home taking away Rs. 40,000/- with him and on the way all the accused persons caught hold of him, beaten him up and tried to strangulate him and thereafter, co-accused Phool Chandra shot him dead with a country made pistol.
The inquest report mentions that the informant?s son had committed suicide by shooting himself with a pistol. The inquest was witnessed by one Bhaiya Lal Bajpai along with other persons.
Subsequently, the aforesaid Bhaiya Lal Bajpai stated that afterwards he came to know that the deceased had been killed by shooting at him.
In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.
The learned counsel for the applicant has submitted that co-accused Puja, with whom the deceased was said to be having a love affair and who has said to have called the deceased to the place of occurrence, has already been granted bail by means of order dated 15.03.2023 passed by this Court in Criminal Misc. Bail Application No. 1183 of 2023. Another co-accused Chhoti has also been granted bail by means of order dated 15.03.2023 passed by this Court in Criminal Misc. Bail Application No. 929 of 2023.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no eye witness of the incident and that during inquest proceedings, all the present person had stated that the deceased had committed suicide, coupled with the fact that two other accused persons have already been granted bail and the applicant has no criminal history and he is languishing in jail since 04.08.2022, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
Accordingly, this bail application stands allowed.
Let the applicant Chhavi Ram @ Chhavi Nath @ Rukku be released on bail in Case Crime no. 235 of 2022, under Section 302, 34 I.P.C., registered at Police Station Arval, District Hardoi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: -
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
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(Subhash Vidyarthi,J.) Order Date :- 21.3.2023 Preeti.