Allowed bail application for applicant Cr. No. 231 of 2021 under Sections 323, 504, 506, 304, 147, 452 IPC on furnishing bond and sureties, with specific attendance conditions.
Released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21156 of 2022
Applicant :- Chooramani @ Loree @ Lolee Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant-Chooramani @ Loree @ Lolee, who is involved in Case Crime No.231 of 2021, under Sections 323, 504, 506, 304, 147 and 452 of I.P.C., Police Station - Koraon, District- Allahabad.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the incident had occurred on 6.6.2021 whereas the First Information Report was lodged on 3.7.2021. Referring to the contents of the First Information Report, it has further been contended that the deceased died in his own house on 3.7.2021 and, therefore, the delay in lodging the First Information Report has not been satisfactorily explained. Next referring to the postmortem report, it has been argued that it was not clear as to who amongst the five named persons had inflicted the injuries. It is further submitted that the charge-sheet has been submitted in the case and no further investigation is required by the police. It is further submitted that the
applicant has no other criminal history and is in jail since 9.2.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. It is also submitted by the learned counsel that the co-accused Ram Lal had been granted bail vide order dated 2.3.2022 passed in Criminal Misc. Bail Application No.39923 of 2021.
On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history. He also did not deny that the charge sheet had been submitted.
In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.
The bail application is, accordingly, allowed.
Let the applicant- Chooramani @ Loree @ Lolee be released on bail in Case Crime No.231 of 2021, under Sections 323, 504, 506, 304, 147 and 452 of I.P.C., Police Station Koraon, District - Allahabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 the court.
In case of default of this condition, it shall be open for the trial court to treat it as an 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 Panel 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 on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel 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 charges and (iii) recording of statement under Section 323 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 an abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 25.5.2022 GS
(Siddhartha Varma, J.)
Digitally signed by GAUTAM SONI Date: 2022.05.25 18:13:18 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Cr. No. 231 of 2021 satisfies the conditions for release on bail.
Chooramani @ Loree @ Lolee
Siddhartha Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
