Allowed

Chandrika v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC5 Aug 2024/1960/2024

Case brief

AI extract

What is this about?

Single judge allowed bail to Chandrika, accused of culpable homicide amounting to murder under IPC Sections 304 and 34, who had been in custody since August 8, 2023, subject to furnishing a personal bond with two sureties and standard conditions.

What did the court decide?

Released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to standard conditions.

Chandrika Vs State of U.P. Thru. Prin. Secy. Home Deptt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53626

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1960 of 2024

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Applicant :- Chandrika Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Sandhya Devi,Babita Singh,Neha Chaurasia

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Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Chandrika for grant of bail, in Case Crime No. 422/2023, under Sections 323, 304, 34 IPC, Police Station Bilgram, District Hardoi, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that applicant has falsely been implicated in this case. He is not having any criminal antecedent and has been detained in prison since 08.08.2023.

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It is further submitted that the FIR of this case has been lodged by the father of the deceased as well as of the applicant, namely, Sirdar against the applicant and three other accused persons who are family members of the applicant, alleging therein that on the relevant day at about 9.45 in the night, the applicant and his wife Sundari were quarreling with his other son Brahmpal, and suddenly the quarrel had turned in the fighting and scuffle and Chandrika (applicant) as well as his wife Sundari and both the children shaillendra and Arun started assaulting Brahmpal with 'lathi-danda'. In the meantime Chandrika took a 'Kulhari' (axe) from the nearby and hit Brahmpal on his head, resulting in injury, whereby he died.

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Highlighting the statement of the informant recorded under Section 161 Cr.P.C., it is vehemently submitted that the role of assault with 'lathi-danda' has been assigned to all the accused persons named in the FIR. The specific role has been assigned to the applicant (Chandrika) of assaulting the deceased with an axe (Kulhari) which he found nearby, however, other accused persons are also stated to have assaulted the deceased and the

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mother of the applicant as well as of the deceased -Sirdara in her statement has stated that both the sons, namely, applicant and deceased were highly intoxicated and were fighting with each other and in fact the applicant has assaulted the deceased with a 'Kulhari' (axe).

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Highlighting above statement, it is vehemently submitted that it appears to be an admitted case of the prosecution that apart from the other co-accused persons applicant has also assaulted the deceased with Kulhari and the injury which has been sustained by the deceased is of lacerated nature, which in normal facts and circumstances may not be caused by an 'axe', which is sharp edged weapon and there is no averments either in the FIR or in the statements of the prosecution witnesses that the 'axe' has been used by its blunt side.

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It is further submitted that the applicant is in jail in this case since 8.8.2023 and he is not having criminal antecedent. There is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.

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Learned A.G.A. on the other hand submits that the applicant is accused of committing an heinous offence, therefore, he is not entitled to be released on bail.

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Perusal of record would reveal that the role of assault with 'lathi-danda' has been assigned to other accused persons, however, specific role of assault with 'axe/ Kulhari' has been assigned to the instant applicant. The post mortem report of the deceased would reveal that he has sustained one lacerated wound on his head and has died due to this injury, cause of death has been ascertained as 'coma'. The defence of the applicant appears to be that since other accused persons have also been assigned the role of assaulting the deceased, the fatal injury sustained by the deceased may not be attributed to him alone. More so, when the same may not be related with any sharp edged weapon, like 'Kulhari' The statement of Sirdara (mother of the deceased and applicant) has also been highlighted in order to show that at the relevant point of time both, deceased as well as the applicant were intoxicated and were under the influence of liquor. The applicant is in jail in this case since 8.8.2023 and he is not having any criminal antecedent. His presence may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing

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any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Chandrika involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 5.8.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Chandrika v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Chandrika v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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