Allowed

Sohan Lal Prajapati v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko

Allahabad HC3 Oct 2024/10310/2024

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a case of culpable homicide. The High Court observed that premeditation was missing from the prosecution case and the applicant had no criminal record, ordering his release on bond with sureties.

What did the court decide?

Applicant released on bail by executing personal bond and two sureties of Rs.20,000/- each, subject to conditions regarding attendance and conduct.

Sohan Lal Prajapati Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68233

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10310 of 2024

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Applicant :- Sohan Lal Prajapati Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Piyush Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Supplementary affidavit filed today is taken on record.

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2 . Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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3 . The applicant seeks enlargement on bail in FIR No.33 of 2021, under Section 304 IPC, Police Station Kotwali Dehat, District Balrampur.

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4 . In terms of the FIR, it was alleged that on 02.02.2021 at about 2:00 PM, the wife of the informant had gone to the agricultural field when the applicant, who is the brother of the informant came and scolded the wife of the informant with regard to plucking of vegetables and suddenly, the father and the mother of the informant reached there and started scolding the applicant and subsequently, the applicant took the wooden stick lying in the field and started beating the mother and the father, which resulted in substantial injury and died. The postmortem report indicates the cause of death as as ante mortem injuries. The postmortem report of the father indicates four injuries on the head and with regard to the mother one injury was noted above the left ear, which was also the cause of death.

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5 . In the light of the aforesaid, the Counsel for the applicant argues that the applicant is in custody since 03.02.2021and although the charge was framed on 08.09.2021 and only one witness has been examined so far. The applicant has no criminal antecedents.

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6. Learned A.G.A. vehemently opposed the bail prayer.

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7. Considering the fact that only one witness has been examined so far and even in the statement of PW-1, the premeditated

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intent is apparently missing coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 03.02.2021, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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8. Let the applicant Sohan Lal Prajapati be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 officer or tamper with the evidence.

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Order Date :- 3.10.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Sohan Lal Prajapati v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko

Case brief

What is this about?

What did the court decide?

Sohan Lal Prajapati v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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