Lalit v. State of U.P.
Case brief
What is this about?
In a bail application under Section 302 IPC, the high court granted bail to the applicant alleging false implications and inconsistencies in the narrative, noting he had no criminal history and co-accused were on bail.
What did the court decide?
Released on bail subject to personal bond, sureties, and undertaking to appear on fixed dates and not seek adjournments during evidence.
What the court decided
Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5260 of 2022
Applicant :- Lalit Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Singh Counsel for Opposite Party :- G.A.,Nitin Srivastava
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, Lalit, who is involved in Case Crime No. 45 of 2021, under Section 302 of I.P.C., Police Station- Babri, DistrictShamli.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the applicant had absolutely no reason to kill his own wife even if the brother had got married two months before the incident. It is further contended that infact the deceased had gone to fetch some vegetables in the neighbouring field and there she had met some miscreants who looted her and, thereafter, killed her. Learned counsel for the applicant has also drawn the attention of the Court to postmortem report which had stated the deceased had a bite mark on the hand. It is further submitted that there is inconsistency in the FIR and the statement of the informant made under Section 161 of Cr.P.C. In the FIR it has been stated that on 20.05.2021 phone call was received by the first informant saying that his sister had committed suicide by hanging herself whereas in the statement which the first informant had made under Section 161 of Cr.P.C. it had been stated that upon a phone being received from his sister he had visited her and had found that the body of the sister had been taken to the Hospital. It is further contended that the motive given in the statement that there was some illicit
Issues for consideration
2 issues framed by the court
Whether the applicant has made out a prima facie case for bail under Section 302 IPC having been in custody since the date of chargesheet.
Whether the inconsistencies in the FIR and Section 161 Cr.P.C. statement and the lack of criminal history justifies grant of bail.
Parties & counsel
- applicant
Lalit
Coram
Siddhartha Varma
Vijay Krishna Jaiswal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/5260/2022
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