Allowed

Lalchandra Nishad v. State of U.P.

Allahabad HC25 Feb 2019BAIL/7972/2019

Case brief

AI extract

What is this about?

The court granted bail to Lalchandra Nishad in a criminal case involving sections 147, 148, 304 IPC. The applicant alleged false implication and lack of specific role in the victim's death, while the prosecution opposed the prayer. Conditions for bail were imposed.

What did the court decide?

Applicant released on bail under provision of Section 437, 438 Cr.P.C. by furnishing personal bond and two sureties subject to specified conditions.

Lalchandra Nishad Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7972 of 2019

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Applicant :- Lalchandra Nishad Opposite Party :- State Of U.P. Counsel for Applicant :- Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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

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Learned counsel for the applicant contends that applicant has been falsely implicated in FIR lodged on next day of incident with averments that at about 8.00 p.m. on 10.5.2018 applicant, his son along with Phoola Devi and four unknown persons allegedly assaulted and beaten Sunil, nephew of first informant with lathi-danda resulting in injuries upon which Sunil fell unconscious; that next day Sunil is alleged to have died and as per postmortem report cause of death was ante mortem head injury though as many as seven ante mortem injuries have been mentioned in postmortem report; that no specific role of causing head injury has been assigned to applicant; that applicant may not be considered to be author of head injury of Sunil; that there are material contradictions in statements of alleged eye witnesses; that applicant had no motive to cause death of Sunil; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 12.5.2018.

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

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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.

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Let the applicant Lalchandra Nishad be released on bail in Case Crime No. 099 of 2018, under Sections 147, 148, 323, 504, 506, 304, I.P.C., P.S. Koirauna, District Bhadohi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(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 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.

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

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(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.

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Order Date :- 25.2.2019 T. Sinha

Lalchandra Nishad v. State of U.P.

Case brief

What is this about?

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Lalchandra Nishad v. State of U.P.

Case brief

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