Single judge allowed bail for three applicants charged with murder and related offences, holding the case as a fit case for release on personal bond and sureties.
Release of applicants Dhanush Lal, Chunnu, and Babu Lal on bail via personal bond and two reliable sureties each.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9190 of 2018
Applicant :- Dhanush Lal And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Jahar Singh (Kashyap),Gautam Baghel Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Gautam Baghel, learned counsel for the applicants, learned A.G.A. Perused the record.
This bail application has been moved by the applicants who are involved in Case Crime No. 510 of 2017, under Sections 147, 148, 149, 302, 452, 506 I.P.C., Police Station-Sarai Akil, DistrictKaushambi.
As per prosecution version, on 24.11.2017 at about 2:00 AM applicants Dhanush Lal, Chunnu and Babu Lal alongwith coaccused Ram Lakhan and Hari Lal have committed murder of Budhai father of informant at his residence by causing injuries of axe, spade, knife etc.
Learned counsel for the applicants contended that no specific role and motive for committing the offence has been assigned to the applicants. Role of causing injuries is assigned to five accused, however, there are only two injuries i.e. one incised wound and one lacerated wound on the person of the deceased Budhai. FIR has been lodged after four hours of the occurrence without any explanation. Lastly, he contended that no one has seen the occurrence and the applicants are in jail since 25.11.2017.
Learned A.G.A., has opposed the prayer for bail and contended that later on subscriber of the FIR Manoj Dwivedi has disclosed motive of occurrence in his statement under Section 161 Cr.P.C.
No specific role has been assigned to the applicants. There is only two injuries i.e. one incised wound and one lacerated wound on the person of the deceased Budhai.
Without commenting on the merit of the case and considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Dhanush Lal, Chunnu and Babu Lal , be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 29.3.2018 Jaswant
1 issue framed by the court
Whether the applicants are eligible for bail given the charge of murder and the circumstances of the alleged offence.
1 provisions across 1 enactments
Dhanush Lal And 2 Others
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
