Allowed

Chhote Lal v. State of U.P.

Allahabad HC2 Nov 2020BAIL/29781/2020

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Chhote Lal, an accused in a murder case under Section 302 IPC. Observing that the evidence was weak and appealing first instance had already granted bail to a co-accused with an identical role, the court ruled that the applicant had made out a case for bail pending trial.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two local sureties, subject to specific conditions of conduct.

Chhote Lal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29781 of 2020

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Applicant :- Chhote Lal Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Learned counsel for the applicant filed supplementary affidavit today is taken on record.

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Heard Sri Raj Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant - Chhote Lal with a prayer to release him in Case Crime No.77 of 2020, under section 302 I.P.C., Police Station Jafrabad, District Jaunpur during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. As per statement recorded under Section 161 Cr.P.C. and FIR, no specific allegation has been made against the applicant. The dead body of the deceased was found on 30.05.2020 thereafter, the brother of the deceased moved an application before concerned police station. As per postmortem report the cause of death is due to asphyxia as a result of ante-mortem strangulation and the deceased himself committed suicide with the help of T-shirt. He further submitted that the FIR was lodged against three persons in which co-accused Vinod Kumar has been granted bail on 22.10.2020 by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.29256 of 2020 and the present applicant having identical role in the FIR. There is no evidence against the applicant regarding involvement in the present case. The applicant having no criminal history. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 11.06.2020.

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Per contra, learned A.G.A. as well as learned counsel for the informant oppose the bail prayer of the applicant.

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Considering the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merit of the case and the mandate laid down by the the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Chhote Lal, who is involved in Case Crime No.77 of 2020, under section 302 I.P.C., Police Station Jafrabad, District Jaunpur, be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 2.11.2020 C. MANI

Chhote Lal v. State of U.P.

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Chhote Lal v. State of U.P.

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