Allowed

Shiv Lal and Another v. State of U.P.

Allahabad HC25 May 2022BAIL/21080/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Shiv Lal and Abhimanu @ Punnawasi in a criminal case involving multiple IPC sections related to assault and deadly weapons. The court imposed strict conditions regarding their presence in court and prohibited tampering with evidence, citing the nature of the offense and the need to prevent misuse of bail.

What did the court decide?

Release of applicants on bail on furnishing personal bonds and two sureties each, subject to strict conditions of presence and non-interference.

Shiv Lal and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21080 of 2022

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Applicant :- Shiv Lal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicants and learned AGA for the State and perused the record.

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The present bail application has been filed by the applicants seeking enlargement on bail in Case Crime No. 231 of 2021, under Sections 323, 504, 506, 304, 147, 452 IPC, Police Station Koraon, District Allahabad.

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It is submitted by learned counsel for the applicants that the applicants are innocent and have not committed present offence. They have been falsely implicated in this case. No prima facie case is made out against the applicants. It is further submitted that the incident is said to have taken place on 6.6.2021 whereas F.I.R. was lodged on 3.7.2021. Referring to the contents of the F.I.R., it is further submitted that the deceased died in his house on 3.7.2021. Delay occurred in lodging of the F.I.R. has not been satisfactorily explained. Referring to the postmortem report, it is next argued that if entire prosecution case is taken into consideration, then also it is not clear as to who caused the said injuries. There are five persons named in the F.I.R. Deceased sustained injuries in other manner and died. F.I.R. was lodged on the basis of false facts. It is further submitted that the applicant are languishing in jail since 06.10.2021 having no criminal antecedents. In case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. It is also stated that co-accused Ram Lal has also been enlarged on bail in Criminal Misc. Bail Application No.39923 of 2021 vide order dated 02.03.2022.

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Learned AGA opposes the bail application but facts as have been urged on behalf of the applicants are not seriously disputed.

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Considering the entire 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, scrutinizing the facts mentioned in the F.I.R., statement of

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witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail.

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Let the applicants - Shiv Lal and Abhimanu @ Punnawasi , involved in aforesaid case crime be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions, which are being imposed in the interest of justice:-

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i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that they 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.

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(iv) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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(v) In case the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants 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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The identity, status and residential proof of sureties will be

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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 applicants to prison.

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Accordingly, the present bail application is allowed.

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Order Date :- 25.5.2022 Ashok Kr.

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Digitally signed by ASHOK KUMAR Date: 2022.05.26 10:05:55 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Lal and Another v. State of U.P.

Case brief

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Shiv Lal and Another v. State of U.P.

Case brief

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