Allowed

Indra Pal Gautam S/O Mangre v. State of U.P. Thru. Secy. Home

Allahabad HC7 Jul 2023/6056/2022

Case brief

AI extract

What is this about?

Held that the applicant is granted bail in a murder case where the alleged weapon was not recovered and the co-accused was already on bail, maintaining that granting bail would not adversely affect the trial.

What did the court decide?

Order allowing bail application and releasing the applicant on personal bond with two sureties under IPC Sections 302, 201, and 120-B.

Indra Pal Gautam S/O Mangre Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43786

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6056 of 2022

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Applicant :- Indra Pal Gautam S/O Mangre Opposite Party :- State Of U.P. Thru. Secy. Home Counsel for Applicant :- Tribhuvan Narai Singh,Kamlesh Kumar Gupta,Praveen Kumar Srivastav Counsel for Opposite Party : - G.A.

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Hon'ble Pankaj Bhatia,J.

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

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The FIR in question was lodged alleging that the brother of the informant was married to one Seema Devi, who had illicit relation with the applicant. It was stated that the body of the brother of the informant was recovered and an apprehension was expressed that his wife Seema Devi along with the applicant have murdered the brother of the informant. The postmortem report indicated death due to asphyxia, as a result of antemortem strangulation. It is argued that it was alleged that the deceased was strangulated by use of cloth (gamachha), however, the gamachha has not been recovered. It is also argued that Seema Devi, the wife of the deceased has been enlarged on bail vide order bail on 14.02.2023. The applicant is in custody since 19.05.2021 and has no criminal antecedent other than the offence in question.

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Learned AGA has opposed the bail application.

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Considering the fact that the cloth which was alleged to be used for causing strangulation has not been recovered and other than the offence in question, there is no material to come to conclusion that the applicant, if any, enlarged on bail can adversely affect the trial and the co-accused has been enlarged on bail, the applicant is enlarged on bail. In view thereof, the application is allowed.

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Let the applicant Indra Pal Gautam be released on bail in Case Crime No.150 of 2021, under Section 302, 201 and 120-B IPC, P.S. Mitauli, District Kheri, on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 7.7.2023 KR

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Indra Pal Gautam S/O Mangre v. State of U.P. Thru. Secy. Home

Case brief

What is this about?

What did the court decide?

Indra Pal Gautam S/O Mangre v. State of U.P. Thru. Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

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