Allowed

Suraj Bali S/O Saktu Pasi v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC9 Jan 2023/9030/2022

Case brief

AI extract

What is this about?

This Court granted bail to Suraj Bali, an accused in a murder case (Section 302 IPC), noting the similar role of a co-accused who had already been granted bail. The order imposed strict conditions regarding court attendance and travel.

What did the court decide?

Was released on bail on furnishing a personal bond and two sureties subject to specific conditions regarding court attendance and travel.

Suraj Bali S/O Saktu Pasi Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9030 of 2022

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Applicant :- Suraj Bali S/O Saktu Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kamlesh Kumar Gupta,Praveen Kumar Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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As per learned counsel for the applicant, the present applicant is in jail since 19.04.2022 in FIR/ Case Crime No.087 of 2022, under Section 302 IPC, Police Station- Mitauli, DistrictLakhimpur-Kheri.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. The FIR came to be registered against unknown person on allegation that the deceased was in drunken-state; he was not married one; he had already sold his properties, including agricultural land; he used to wander here & there; on 01.04.2022, he was found in an injured condition in forest having received gun-shot injury on his right hand; he was taken to district hospital, Lakhimpur Kheri where he died on 22.04.2022 during treatment.

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Learned counsel for the accused-applicant submits that name of the accused-applicant and co-accused got figured during the course of investigation; there is no motive coming-forth for committing the murder by the accused-applicant and coaccused, however, there is a confessional statement of the accused-applicant and co-accused which suggests that the deceased entered into altercation and physical fight with the accused-applicant and co-accused; they firstly assaulted the deceased with kicks and fists and when the deceased did not stop, he was fired; weapon of assault has not been recovered; the accused-applicant has no previous criminal antecedent and he is in jail since 19.04.2022. Learned counsel has further submitted that co-accused Ram Naresh, who has been assigned the similar role, has been enlarged on bail by this Court vide order dated 19.10.2022 passed in Criminal Misc. Bail Application No.8560 of 2022. He also submits that since similar role has been assigned to the applicant and case of the

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applicant is in parity with the co-accused, therefore, the applicant is also entitled for bail. Learned counsel undertakes on behalf of the applicant that the applicant shall co-operate with the trial proceedings and shall not misuse the liberty of bail, if so granted by this Court. Further, the applicant shall abide by all terms and conditions of the bail order.

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Learned A.G.A has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into merits of the issue, considering the arguments of the learned counsel for the parties, material available on record, co-accused Ram Naresh having similar role has been granted bail by this Court and the considering the aforesaid undertaking of the applicant, I find it appropriate to release the applicant on bail.

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Let applicant- Suraj Bali be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall not leave India without previous permission of the court.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 9.1.2023 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Suraj Bali S/O Saktu Pasi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Suraj Bali S/O Saktu Pasi v. State of U.P. Thru. Prin. Secy. Home Lko.

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