Allowed

Lalu v. State of U.P.

Allahabad HC8 Feb 2019BAIL/4567/2019

Case brief

AI extract

What is this about?

Hon'ble Harsh Kumar, J. allowed bail application filed by Lalu accused under Sections 302, 174A IPC. Court held it a fit case for bail without deciding merits, granting release subject to personal bond, two sureties, and conditions regarding trial attendance and conduct.

What did the court decide?

Refrained from addressing merits; ordered applicant's release on bail with personal bond and sureties subject to conditions of trial attendance and good conduct.

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

¶1

Court No. - 45

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4567 of 2019

¶3

Applicant :- Lalu Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Harsh Kumar,J.

¶5

Heard learned counsel for applicant, learned A.G.A. and perused the record.

¶6

Learned counsel for applicant contends that applicant has been falsely implicated being brother-in-law of co-accused Surjeet; that as per highly belated F.I.R. dated 16.5.2016 father of first informant was lying on cot at his door on 8.5.2016 and at about 7:30 p.m. applicant with his father and brother arrived there and upon exhortation by father of applicant, his brother Surjeet fired at Kamlesh, father of first informant; that similar statement of deceased was recorded before his death; that applicant was not at all present at place of occurrence at the time of incident and has not been assigned with any active role in incident; that Sudhir, brother of first informant is accused in a case under Section 376 I.P.C., for committing rape on sister of applicant on account of which applicant has been falsely implicated in order to pressurize him; that case of applicant is clearly distinguishable from Surjeet, who has been assigned with role of firing; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 8.3.2018.

¶7

Learned A.G.A. opposed the prayer of bail.

¶8

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment 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.

¶9

Let the applicant Lalu be released on bail in Case Crime No.163 of 2016, under Sections 302, 174A I.P.C., P.S. Ushait, District Budaun, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶10

(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement

¶11

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.

¶12

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

¶13

(iii) The applicant will not indulge in any unlawful activities.

¶14

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.

¶15

Order Date :- 8.2.2019 Kpy

Lalu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Lalu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Indal Vs State of U.P.

Om Prakash @ Lalla Vs State of U.P.

Ajay Vs State of U.P.

Khalid Khan Vs State of U.P.

Babloo Vs State of U.P.

Dinesh Yadav Vs State of U.P.