Lalbahadur Vs State of U.P.

Court No. - 49

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32602 of 2022

Applicant :- Lalbahadur Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Gautam,Pawan Kumar Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 136 of 2022, under sections 323, 308, 506, 34 IPC, police station Devgaon, district Azamgarh, with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report has been lodged against five named accused persons and other unknown persons. It is alleged in the FIR that some altercation took place between the parties in the procession ceremony in the house of applicant. There are general allegation made in the FIR against all the accused persons. It is also submitted by the learned counsel for the applicant that in the FIR it is mentioned that daughter of complainant, namely, Annu has received fatal injury on her head, but the medical examination reports of the injured persons disclosed that the injuries are simple in nature and caused by hard and blunt object. No supplementary medical report is available on record. It is alleged that there is a cross version of the FIR and the accused-applicant's side has also received injuries. The applicant does not have any criminal history to his credit. Charge sheet has also been submitted in this case. It is further submitted that applicant is languishing in jail since 14.05.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence without expressing any opinion on merits of the case, 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 Lalbahadur, in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 22.8.2022

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Sazia

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Digitally signed by SAZIA AQUIL Date: 2022.08.24 10:33:13 IST Reason: Location: High Court of Judicature at Allahabad

Lalbahadur v. State of U.P.

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Lalbahadur v. State of U.P.

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