The court granted bail to the applicant, Lalji Kushwaha, accused under Section 147, 306 IPC. The court noted contradictions in witness statements and lack of specific role for the applicant before releasing him on personal bond with conditions.
Released on bail on furnishing a personal bond with two sureties in the like amount.
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Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3054 of 2020
Applicant :- Lalji Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State. Perused the record.
It is urged by the learned counsel for the applicant that initially an F.I.R. of the alleged incident was lodged under sections 147, 302, 201 I.P.C. During the investigation, the case was converted under section 306 I.P.C. There was no cogent evidence with regard to the abetment against the applicant. The deceased was the uncle of the applicant and civil suit pertaining to property was pending against the deceased and his other brothers; allegation of the offence has been set up on merely hearse; there is contradictions in the statements of the informant and Sunita, daughter-in-law of the deceased regarding who had informed them of the incident; applicant and his brother co-accused Ajai Singh Kushwaha are residing at Kanpur; the applicant has been falsely implicated to create pressure with regard to the disputed property, wherein, the applicant along with his brother have 1/4 share. There is general allegation against the applicant; no specific role has been assigned to the applicant. In similar circumstance, the co-accused Ajai Singh Kushwaha has been enlarged on bail by this Court on 17 January 2010. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 07.12.2019, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Lalji Kushwaha, involved in Case Crime No. 199 of 2019, under Section 147, 306 I.P.C., Police Station Thathia, District Kannauj, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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.
Order Date :- 20.1.2020 K.K. Maurya
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case involving Section 147, 306 IPC given the lack of specific role and contradiction in statements.
4 provisions across 2 enactments
Lalji Kushwaha
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
