Allowed

Rammani Jaiswal v. State of U.P. Thru. Prin. Secy. Home, Lko.

Allahabad HC12 May 2023/650/2023

Case brief

AI extract

What is this about?

In a bail application under Section 302 IPC, the court considered discrepancies in the FIR, unrecorded witness statements, and the applicant's clean record. The court allowed the bail application, emphasizing the need for caution in implicating the accused.

What did the court decide?

Bail granted on furnishing a personal bond and two sureties, subject to conditions to prevent tampering with evidence and ensuring court attendance.

Rammani Jaiswal Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:32879

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 650 of 2023

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Applicant :- Rammani Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Ramakar Shukla,Alok Singh,Anil Kumar Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anil Kumar Tripathi, the learned counsel for the applicant as well as Sri Manoj Kumar Sahu, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 339 of 2022, under Section 302 I.P.C., registered at Police Station Gusaiganj, District Sultanpur.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 24.06.2022 at 23.01 hours against the applicant and his three unnamed accomplices, stating that at about 11:00 PM on 23.06.2022, all the accused persons had beaten up the informant's son with the iron rod, axe and other sharp-edge weapons. The informant's son Pankaj, Pramod and other villagers reached on the spot where upon the accused persons ran away.

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In the post mortem examination report, numerous injuries of contusions, incised wounds and an abrasion have been reported and the cause of death has been opined to be hemorrhage, shock and coma due to ante mortem injuries.

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In the affidavit filed in support of the bail application, it has

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been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned counsel for the applicant has submitted that coaccused Aman Jaishwal, has already been granted bail by means of an order dated 05.12.2022 passed by a coordinate bench of this Court in Criminal Misc. Bail Applications No.12178 of 2022.

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The state has filed a counter affidavit annexing there with copies of the statement recorded during investigation, a copy of the recovery memo and a copy of the charge-sheet. The informant's son Pankaj Kumar, who is said to have reached on the spot at the time of the incident, has stated that the applicant, Aman Jaiswal and Neeraj Gupta were beating the deceased and when he and his brother Pramod Kumar reached on the spot upon hearing the hue and cry; the accused persons had ran away. The statement of the other son of the informant Pramod Kumar has apparently not been recorded by the investigating officer.

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It was further stated in the statement of that one of the witnesses annexed with counter affidavit that the deceased used to consume liquor and he was hurling abuses. The landlord Mahaveer Prasad Singh had asked the deceased to go away whereupon initially he went away, but after sometime he returned and started an altercation and a scuffle followed. The said witnesses stated that it was dark and he could not see anything and he had called police by dialing 112.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the informant claims that his two sons had reached on the spot of occurrence, the F.I.R has been lodged after 24 hours; that although Pramod Kumar is said to be an eyewitness of the

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incident, his statement has not been recorded; that one of the eye witnesses has stated that a scuffle had taken place between some persons, who could not be seen due to darkness; that the deceased's son Pramod Kumar has levelled general allegation against all the accused persons and one of the accused persons has already been grated bail, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 16.07.2022 and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Rammani Jaiswal be released on bail in Case Crime No. 339 of 2022, under Section 302 I.P.C., registered at Police Station Gusaiganj, District Sultanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

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

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(Subhash Vidyarthi,J.)

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Order Date :- 12.5.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Rammani Jaiswal v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

Rammani Jaiswal v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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