Allowed

Lal Mohammad v. State of U.P.

Allahabad HC13 Mar 2019BAIL/10822/2019

Case brief

AI extract

What is this about?

Court allowed bail to the applicant, Lal Mohammad, facing charges under Section 304 IPC. Despite A.G.A. opposition, the court observed that the applicant deserves bail. Conditions include furnishing a personal bond and two sureties, refraining from tampering with evidence, and cooperating with the trial process.

What did the court decide?

Release of applicant on bail with a personal bond and two reliable sureties upon furnishing conditions regarding trial conduct and cooperation.

Lal Mohammad Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10822 of 2019

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Applicant :- Lal Mohammad Opposite Party :- State Of U.P. Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the materials on record.

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The present bail application has been moved for enlarging the applicant Lal Mohammad on bail in Case Crime No. 390 of 2018, under Section 304 I.P.C., Police Station Mursan District Hathrash.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. Further submitted that applicant has no motive to commit marpeet with deceased; no specific role of causing injury on spleen of deceased has been assigned to applicant. There is neither any role having been assigned nor anything has been recovered from the possession of applicant. It is further contended that co-accused Hanif Khan has already been granted bail vide order dated 27.2.2019 passed in Criminal Misc. Bail Application No. 8285 of 2019 by this Court and the case of the applicant stands on identical footing, hence, the applicant is also entitled for bail on the ground of parity also. If he is released on bail, he shall not misuse the liberty of bail.

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Per contra, learned A.G.A. has opposed bail.

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Considering the entire facts and circumstances of the case, submissions made by both the parties, severity of punishment, detention of applicant and without expressing any opinion on the merits the case, I am of the view that the applicant deserves bail.

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Let applicant Lal Mohammad 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:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the investigation, trial and shall not seek any adjournment on the dates fixed for charge, evidence and statements under Section 313 Cr.P.C. when the witnesses are present in the court.

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Applicant shall not indulge in any criminal activities during trial.

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In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 13.3.2019 Akram

Lal Mohammad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Lal Mohammad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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