Court granted bail to applicant Lakshman Prasad in a case involving criminal charges, considering him a fit case for bail without commenting on merits, subject to standard conditions.
Released on bail subject to personal bond and two sureties with conditions regarding trial attendance and conduct.
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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12715 of 2019
Applicant :- Lakshman Prasad Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Shad Khan, Advocate holding brief of Sri Chandra Prakash Singh, learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged by Awdhi, father of applicant on 6.6.2018, applicant, his wife and father-in-law were pressurizing him for transferring his land in favour of applicant and on his denial, beaten him with kicks, fists and dandas at about 7:00 a.m. on 3.6.2018 due to which there was bleeding from his mouth and, thereafter, in the evening of 4.6.2018, they again committed marpeet with him with lathi-danda and sat on his chest, resulting in further bleeding from his mouth; that entire prosecution story is absolutely false and incorrect; that first informant, father of applicant was under influence of another brother of applicant Sriram and due to property dispute, false F.I.R. was got lodged by Sriram through father Awadhi; that as per injury reports, deceased sustained three simple injuries in medico-legal report dated 4.6.2018 and four injuries in medico-legal report dated 5.6.2018, wherein injury no.4 on chest was kept under observation and X-ray was advised; that as per X-ray report of deceased dated 5.6.2018, no bony fracture was seen in his chest; that as per post mortem report, death of deceased did take place on 4.7.2018 due to shock and septicaemia as a result of lung and liver ailment; that alleged injuries caused to deceased were simple in nature and were neither grievous nor dangerous to life; that post mortem report of deceased states that no external injuries were found on his body and alleged injuries dated 3rd and 4th June, 2018 were not cause of his death; that real fact is that deceased was 80 years old sick person and was habitual of drinking liquor and was living under influence of applicant's brother Sriram; that applicant may not be held responsible for death of his father, first informant; that above Sriram, another brother of applicant and his associates along with mother of applicant had assaulted on applicant and his wife etc. regarding which for lodging F.I.R., application under
section 156(3) Cr.P.C. was moved by wife of applicant; that coaccused Rabdi Devi has been granted bail by another Bench of this Court vide order dated 4.12.2018 passed in Criminal Misc. Bail Application No. 44127 of 2018, copy of which has been produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 3.8.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Lakshman Prasad be released on bail in Case Crime No.134 of 2018, under Sections 147, 323, 504, 506, 384, 385 and 304 I.P.C., P.S.Dudhli, District Maharajganj on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.3.2019 Tamang
Lakshman Prasad
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
