Allowed

Chhote Lal v. State of U.P.

Allahabad HC15 May 2023BAIL/55335/2022

Case brief

AI extract

What is this about?

Single-judge Single Bench of the Allahabad High Court allowed a bail application in a murder case (Section 302 IPC), ruling the applicant is entitled to bail as he was named in the FIR on suspicion, lacked eyewitness corroboration, and there was no direct evidence or recovery of incriminating material against him.

What did the court decide?

Applicant Chhote Lal released on bail with personal bond and two sureties subject to conditions of cooperation, no tampering, and no criminal activity.

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

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Neutral Citation No. - 2023:AHC:104288

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55335 of 2022

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Applicant :- Chhote Lal Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Anil Kumar Srivastava Counsel for Opposite Party :- G.A.,Somdev Dixit

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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 learned counsel appearing on behalf of the first informant.

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The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 363 of 2022, under Section 302 I.P.C., Police Station-South, District-Firozabad, during the pendency of trial.

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As per the prosecution case in brief, informant Shyamveer who is son of Buddh Sen (hereinafter referred to as 'deceased') lodged F.I.R. on 20.07.2022 at 00:30 hours for the offence under Section 302 I.P.C. against the present applicant Chhote Lal and his associates alleging inter-alia that his father had a shop of materials used to construct a building. On 19.07.2022 when his father did not reach home till 09:00 pm from his shop, then he called several times but he did not answered. F.I.R. further alleges that the informant along with his brother Akhilesh went to the shop and saw that the door of the room was locked from outside. On seeing from the grill, his father had fallen down from the bed in a blooded condition who died at the spot. On the basis of suspicion, informant lodged F.I.R. against Chhote Lal and his associates that they, in collusion with each other, killed his father because many times he threatened his father in front of him and other people also.

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The main substratum of argument of learned counsel for the applicant is that the informant is not an eye-witness of the incident. As per F.I.R.

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version, the applicant has been named in the F.I.R. only on the basis of suspicion due to his previous ill-will with the family members of the informant. It is next submitted that the informant Shyamveer and his brother Om Prakash in their statement under Section 161 Cr.P.C., has narrated the same story. Much emphasis has been given by contending that there is no direct corroborative material against the applicant regarding his involvement in the murder of the deceased. Applicant has a criminal history of one case which has been disclosed in the counter afÏdavit being Case Crime No. 583 of 2021, under Sections 147, 427, 504 and 506 I.P.C., Police Station Firozabad South, District Firozabad. The applicant is languishing in jail since 24.07.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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Per contra, learned A.G.A. for the State as well as learned counsel for the first informant opposed the prayer for bail of the applicant by contending that the applicant has committed murder of the deceased on account of his previous enmity but they could not dispute the factual aspects of the matter as argued on behalf of the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that there is no eye-witness of the incident. Applicant has been named in the F.I.R. on the basis of suspicion. The informant was also not an eyewitness of the incident. There is no recovery of any incriminating material from the possession of applicant. There is no direct evidence against the applicant, therefore, applicant has made out prima-facie case for bail.

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Hence, the bail application is hereby allowed .

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Let the applicant- Chhote Lal , 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 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 before the release of the applicant on bail.

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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 of the applicant.

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Order Date :- 15.5.2023

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Saurabh

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

Chhote Lal v. State of U.P.

Case brief

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Chhote Lal v. State of U.P.

Case brief

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