This bail application by Lal Ji Ram and Hansi Devi was allowed. The High Court held that, despite the gravity of the offences, the accused are entitled to bail without touching the merits of the case.
Bail granted on personal bond with two sureties each; relaxation provided during lockdown.
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. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22175 of 2021
Applicant :- Lal Ji Ram And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused-applicant - Lal Ji Ram and Hansi Devi who are involved in Case Crime No. 2 of 2021, under Sections 498-A, and 306 IPC, Police Station- Mehnagar, DistrictAzamgarh.
Learned counsel for the applicant submits that applicants are innocent and have falsely been implicated in this case due to ulterior motive; that the applicants are father and mother in-laws of the deceased-Pooja; that the deceased was married with the son of the applicants 10 years back but in the meantime no complaint regarding cruelty or harassment was given to the police; that the applicants have never abetted the deceased; that general allegation has been levelled against the applicants; that as per the postmortem report cause of death could not be ascertained and viscera was preserved. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 6.1.2021 and in case they are released on bail they will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicants are entitled for bail.
Let the applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
Order Date :- 18.6.2021 S.Verma
Digitally signed by Justice Umesh Kumar Date: 2021.06.18 16:29:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the accused applicants are entitled to bail in a case involving Sections 498-A and 306 IPC.
Lal Ji Ram
Hansi Devi
State of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
