The High Court allowed a bail application filed by Nandlal in a case involving Sections 306 and 323 IPC. The court noted that co-accused had been granted bail and no prior conviction existed. Applicant was ordered released on bail with standard conditions.
Applicant released on bail by furnishing a personal bond and two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10795 of 2019
Applicant :- Nandlal Opposite Party :- State Of U.P. Counsel for Applicant :- Yogendra Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Shri Akhilesh Singh, Advocate assisted by Sri Yogendra Yadav, learned counsel for the applicant, learned A.G.A. for State and perused the material available record.
This bail application has been filed by the accusedapplicant Nandlal, who is involved in Case Crime No. 167 of 2018, under Sections 306, 323 and 498-A IPC, Police Station Khukhundu, District Deoria.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case because he is father-in-law of the deceased and there is general allegation against all the accused persons. Co-accused Ajay @ Monu (dewar), Pinki Devi (Nand) and Raj Kumar (Nandoi) have been granted bail by another Bench of this Court vide orders dated 06.03.2019, 26.02.2019 and 21.02.2019 passed in Criminal Misc. Case Nos.9351 of 2019, 8253 of 2019 and 7508 of 2019 respectively. Originally FIR was lodged by informant against the accused persons under Sections 302 and 323 IPC but during investigation the case was altered under Section 323 and 306 IPC. It is further submitted that deceased is said to have been caused to death by hanging, who herself committed suicide. It is next submitted that the applicant is neither a previous convict nor he has any previous criminal history and he is in jail since 12.12.2018. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let applicant Nandlal be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 13.3.2019 I.A.Siddiqui
2 issues framed by the court
Whether the accused, Nandlal, is entitled to bail under the given facts.
Whether the applicant has been falsely implicated and if equitable grounds exist for release.
Nandlal
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
