Allowed

Rajesh v. State of U.P. Thru. Addl. Chief Secy., Deptt. Home, Lko.

Allahabad HC29 Jan 2024/237/2023

Case brief

AI extract

What is this about?

Single judge granted bail to the accused in a murder trial where the deceased daughter fell from stairs after an altercation, holding prima facie that injuries resulted from the fall and no material on record suggests adverse effect on trial.

What did the court decide?

Accused released on bail with personal bonds and sureties of Rs. 25,000/- each on furnishing undertaking to attend hearings and not tamper with evidence.

Rajesh Vs State of U.P. Thru. Addl. Chief Secy… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7989

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 237 of 2023

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Applicant :- Rajesh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Home, Lko. Counsel for Applicant :- Suresh Chandra Verma,Ashok Kumar Singh,Rahul Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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2 . The applicant seeks enlargement on bail in FIR No.273 of 2022, under Section 304 IPC, Police Station Hasanganj, District Unnao.

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3 . In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant around 9 years ago. On 03.08.2022, an information was received that the daughter was beaten by the matrimonial family and was taken to the hospital.

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4 . In the light of the said allegations, the submission of the Counsel for the applicant is that as per the inquest report on record, prima facie , the injuries were received on account of falling from the stairs. The applicant was also present while the inquest report was conducted. He also argues that 11 injuries reported in the postmortem report were received on account of the deceased falling from the stair which fact is duly corroborated by the statement of the witnesses. It is also stated that on the date of the incident, the deceased was talking with someone on mobile and when the applicant asked, she did not informed and the applicant hit her with legs and she fall down from the stairs and died.

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

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6. Considering the submissions made at the bar, prima facie , the death occurred on account of falling from stairs coupled with the fact that the applicant has no criminal antecedents and is in custody since 22.08.2022 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any

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opinion on merit, 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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7. Let the applicant Rajesh be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.25,000/- 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 :- 29.1.2024 akverma

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

Rajesh v. State of U.P. Thru. Addl. Chief Secy., Deptt. Home, Lko.

Case brief

What is this about?

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Rajesh v. State of U.P. Thru. Addl. Chief Secy., Deptt. Home, Lko.

Case brief

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What did the court decide?

What the court decided

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