Allowed

Kishan Lal Verma v. State of U.P.

Allahabad HC26 May 2022BAIL/6099/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court quashed the previous order and allowed the applicant to be released on bail during the trial of a murder case where his son's death was implicated, subject to bond and sureties.

What did the court decide?

Released on bail by executing a personal bond and furnishing two sureties, subject to attendance, no tampering with evidence, and verification of sureties' status.

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

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6099 of 2022

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Applicant :- Kishan Lal Verma Opposite Party :- State of U.P. Counsel for Applicant :- Yadavendra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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By means of this application, the applicant who is involved in Case Crime No. 501 of 2021, under sections 147, 342, 302 I.P.C., P.S. Shivali, districtRamabai Nagar (Kanpur Dehat), is seeking enlargement on bail during the trial.

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The first information report was lodged by the informant against five persons, including present accused about unnatural death of his son Vinay. It was alleged in the FIR that co-accused Rajesh alias Kallu and Kunwar Lal are the contractors and co-accused Rajesh alias Kallu had offered labour work to the son of informant but he refused and due to that Rajesh alias Kallu had left the contract. On 20.10.2021 the son of the informant was called by the co-accused Rajesh alias Kallu and Chottey Lal Verma and they had carried him to their house and in the night they assaulted the son of the informant and after assaulting him they hanged him inside the room with scarf. Later on the accused persons killed the informant's son. When the informant reached at the house of the accused persons they also tried to hostage him in the same room but somehow the informant managed to escape from there.

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Learned counsel for the applicant submits that the deceased was having illicit relations with Tara Devi, wife of co-accused Rajesh alias Kallu. The deceased entered the house of applicant to meet with his paramour. He was seen by the family members of the applicant and assaulted by them. Further submission is that neither the incident was preplanned nor premeditated but happened at the spur of moment and the family members of the applicant was not having any intention to commit his murder. He also submits that the applicant is an old person, aged about more than sixty years and he has nothing to do with this crime. He is absolutely innocent

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and has been falsely implicated in the present case being father of coaccused Rajesh alias Kallu. He lastly submits that the applicant, who is in jail since 22.10.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Kishan Lal Verma be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(a) The applicant shall attend the court according to the conditions of the bond executed by him.

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(b) 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 or to any police officer or tamper with the evidence.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 26.5.2022 Faridul

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Digitally signed by FAREEDUL HASAN Date: 2022.05.28 12:41:13 IST Reason: Location: High Court of Judicature at Allahabad

Kishan Lal Verma v. State of U.P.

Case brief

What is this about?

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Kishan Lal Verma v. State of U.P.

Case brief

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