Allowed

Ajit v. State of U.P.

Allahabad HC10 Aug 2023BAIL/32839/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by a person accused of assault and culpable homicide not amounting to murder. The court noted discrepancies regarding the weapon used and granted bail on a personal and surety bond while observing that the order did not express an opinion on the case merits.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties subject to conditions regarding court attendance, no tampering with evidence, and no criminal activity.

Ajit Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:162520

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32839 of 2021

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Applicant :- Ajit Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Singh,Ashish Srivastava,Shashi Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri S.K. Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 99 of 2020, under Sections 323, 504, 506, 452, 304 IPC, Police Station Malawan, District Etah during pendency of the trial.

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FIR of the present case was lodged against applicant and according to the FIR applicant is the son-in-law of the brother of the informant and on 15.07.2020 at about 8 PM in the evening he under intoxication made assault upon the informant through wooden stick and when his wife tried to save him then applicant also assaulted her through spade and due to the assault made by him, wife of the informant sustained injuries. It is further mentioned in the FIR that informant also sustained injury on his head.

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Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Sections 323, 504, 506 IPC but after the death of the wife of the informant case was converted under Section 304 IPC. He further submits that totally on the basis of false allegation, applicant has been roped in the present matter but even as per prosecution applicant made assault under intoxication. He further submits that although as per alleged eye witness applicant made assault upon the deceased through spade, which is a sharp edge weapon but from perusal of the post mortem report of the deceased, it appears that she sustained lacerated wound and even doctor who conducted the post mortem stated to the Investigating Officer in his statement recorded under Section 161 Cr.P.C. that the injury sustained by the deceased appears to be caused through wooden sticks and this fact again shows that applicant has been falsely implicated in the present matter. He further submits that

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applicant is facing trial under Section 304 IPC and he is in jail for almost three years and till date trial of the case could not be concluded and applicant is not having any criminal history.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, there is allegation against the applicant that he made assault on the head of the deceased through spade but from the record it reflects that at the time of incident he was under intoxication. Further, although there is allegation that applicant used spade, which is a sharp edge weapon but deceased did not sustain any injury of sharp edge weapon and according to the doctor deceased might have sustained injuries through wooden sticks. Further, applicant is in jail for almost three years and he is facing trial under Section 304 IPC and he is not having any criminal history.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Ajit be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 10.8.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Ajit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajit v. State of U.P.

Case brief

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What did the court decide?

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