Allahabad High Court
Lalman And 2 Others vs State Of U.P. on 5 August, 2021
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5766 of 2021 Applicant :- Lalman And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A.,Ashutosh Tiwari,Jai Prakash Singh Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicants, Lalman, Surya Kumar Gautam and Ritutosh Gautam @ Ritesh, in Case Crime No. 288 of 2020, under Sections 302, 323, 307, 147, 504, 506, 34, 325 IPC, Police Station Baragavon, District Varanasi.
Learned counsel for the applicants argued that the accused-applicants are innocent; they have been falsely implicated in this very case crime number and are languishing in jail since 9.7.2020; they are of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report was got lodged on the same day of occurrence against nine persons and they all were assigned role of giving assault over deceased Murari, resulting his death; informant and others were also injured in course of their intervention for saving injured; deceased was having single injury over his person as head injury, resulting death, as has been written in autopsy examination report; who was author of above injury is not there; the other injured were said to be injured during course of their interception for saving deceased i.e. the occurrence was with regard to dispute of some boundary wall and during course of this quarrel, this occurrence took place; but the deceased was with one injury over his person, resulting his death; a cross version was also there, wherein applicants' side were also injured; though an application under Section 156 (3) of Cr.P.C. was rejected, but criminal revision against that order is pending; it was an occurrence by both sides and which side was aggressor is a question of fact; one year detention in jail is there. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed with this contention that one person had died and five persons were injured in this occurrence.
Having heard and gone through materials placed on record, it is apparent that occurrence was at 7:00 AM of 8.7.2020 and it was reported on the same day at 13:39 PM, of this nine named accused persons were said to have made assault; there was no specific mention as to who caused that fatal injury to deceased, it was single injury over his head and the report reveals that there occurred some dispute with regard to boundary wall of the land, then after this occurrence of assault took place.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicants, Lalman, Surya Kumar Gautam and Ritutosh Gautam @ Ritesh, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 5.8.2021 Ravi Prakash