Allowed

Laxman Verma v. State of U.P.

Allahabad HC6 Apr 2023BAIL/52647/2022

Case brief

AI extract

What is this about?

The Court granted bail to Laxman Verma charged in a murder case. The Court noted that the assigned weapon (Kudal) did not match the nature of injuries (contusions caused by blunt objects). Relying on parity with co-accused granted bail and the applicant's lack of criminal history, bail was allowed with standard conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and sureties, with conditions regarding cooperation in trial, non-interference, and no criminal activity.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52647 of 2022

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Applicant :- Laxman Verma Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pratap Singh,Bal Mukund Singh Counsel for Opposite Party :- G.A.,Amitabh Tripathi,Manendra Kumar Agrahari

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Manendra Kumar Agrahari, learned counsel appearing on behalf of the first informant / complainant.

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By means of this application under Section 439 of Cr.P.C., applicant Laxman Verma, who is involved in Case Crime No. 0082 of 2022, under Sections 147, 148, 149, 302, 323, 325, 504, 506, 34 IPC, police station Harraiya, district Basti, seeks enlargement on bail during the pendency of trial.

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As per prosecution case, in brief, applicant alongwith 10 others have been implicated in the aforesaid case pursuant to the first information report which contains allegation to the effect that on 01.04.2022 at about 8.00 am, while deceased was plowing his field the accused persons on account of enmity relating to land assaulted him in which Amarnath died and six others have sustained injuries. Role of causing injury by a farsa/axe has been assigned to Ramswarath while the applicant and one Ganga Ram have been assigned the role assaulting the deceased with Kudal (sharp edged agricultural instrument).

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Learned counsel for the applicant submits that the weapon of assault assigned to the applicant is a sharp edged agricultural instrument and if any injury is caused by such weapon, it could only be either a cut wound or an incised would whereas the deceased has sustained five injuries of contusion and one lacerated wound and none of which could have been caused by a Kudal. It is also stated that other injured persons have also been assaulted with hard and

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blunt object which is not assigned to the applicant. It is further submitted that the other co-accused Ram Sanware, Amarnath, Ramdeen and Ganga Ram who are also implicated have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 35642 of 2022, 34335 of 2022 , 37683 of 2022 and 43652 of 2022 on 13.9.2022, 19.9.2022, 23.9.2022 and 10.11.2022, respectively and the applicant is, therefore, entitled to grant of parity. It is argued that the applicant is in jail since 04.04.2022 and the trial is not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.

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Learned AGA for the State and learned for the informant submit that the deceased has been assaulted by 11 persons and as Section 34 IPC has also been invoked the specific role of each applicant loses its significance.

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Considering the materials placed on record, this Court finds that the cause of death in the postmortem report is contusions and one lacerated wound all of which prima facie appears to have been caused by a hard and blunt object. The applicant has been assigned the role of assaulting with a Kudal which is not supported with the nature of injuries caused to the deceased or the injured and considering the fact that other co-accused have been enlarged on bail by this Court and the charge-sheet has otherwise been submitted in the matter and the trial may take sufÏciently long and the applicant has otherwise no other criminal history to his credit, without further commenting upon the merits of the case, the applicant is held entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial. The bail application is allowed .

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Let the applicant Laxman Verma , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned

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with the following conditions, which are being imposed in the interest of justice:-

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That 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 ofÏcer or tamper with the evidence.

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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned.

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

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Order Date :- 6.4.2023 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Laxman Verma v. State of U.P.

Case brief

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Laxman Verma v. State of U.P.

Case brief

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