Allowed¶14

Lalu v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC10 Apr 2024/2686/2024

Case brief

AI extract

What is this about?

Lalu bail granted; CRIMINAL MISC. BAIL APPLICATION No. 2686 of 2024; Allahabad High Court Lucknow Bench; Jaspreet Singh, J.; order dated 10.4.2024; Neutral Citation 2024:AHC-LKO:29313; Case Crime No. 351 of 2023; Sections 307, 504 IPC; 4/25 Arms Act; Police Station Makhi; District Unnao; bail during trial; in custody since 4.10.2023; no criminal history; personal bond with two reliable sureties; conditions under Section 229-A IPC, Section 82 Cr.P.C., Section 174-A IPC, Section 313 Cr.P.C.; AGA opposed but did not dispute facts; no opinion on merits.

What did the court decide?

Applicant Lalu to be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to the five conditions imposed by the Court. ¶14

Lalu Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Lalu, arraigned in Case Crime No. 351 of 2023 under Sections 307, 504 IPC and 4/25 Arms Act, Police Station Makhi, District Unnao, is entitled to be released on bail during trial.

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Court's answer

Considering the rival submissions, the nature of allegations and accusation, the severity of punishment if convicted, the period of incarceration, and the absence of any apprehension expressed by the learned AGA that the applicant is at risk of fleeing justice, tampering with evidence or influencing witnesses, the Court, without expressing any opinion on the merits, held the applicant entitled to be released on bail.

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Ratio / Principle

The bail application was allowed and the applicant Lalu was directed to be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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Key takeaways

Five conditions were imposed at the time of executing sureties: an undertaking not to seek adjournments when witnesses are present; presence before the trial court on each date, failing which proceedings may follow under Section 229-A IPC; no inducement, threat or promise to dissuade disclosure or tamper with evidence; initiation of proceedings under Section 82 Cr.P.C. read with Section 174-A IPC upon misuse of bail and failure to appear pursuant to proclamation; and personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C., with breach of conditions to be a ground for cancellation of bail.ratio¶15

Detailed headnote1 paragraphs

Bail allowed - Criminal Misc. Bail Application No. 2686 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Jaspreet Singh, J.), Order Date 10.4.2024 (Neutral Citation 2024:AHC-LKO:29313). Applicant Lalu sought bail in Case Crime No. 351 of 2023, under Sections 307, 504 I.P.C. & 4/25 Arms Act, Police Station Makhi, District Unnao, during trial; he had been in jail since 4.10.2023 and was stated to have no criminal history. Counsel urged false implication, an altercation arising out of money transactions, and that the medical report showing profuse bleeding from a finger was inconsistent with the alleged repeated knife assault. Learned AGA opposed the prayer but could not dispute the aforesaid facts. Considering the nature of allegations, severity of punishment, period of incarceration and absence of any apprehension of flight, tampering or witness influence, and without expressing any opinion on the merits, the Court held the applicant entitled to bail and allowed the application, directing release on a personal bond with two reliable sureties, subject to conditions including attendance consequences under Section 229-A IPC, Section 82 Cr.P.C./Section 174-A IPC consequences for misuse, and presence at framing of charge and recording of the Section 313 Cr.P.C. statement.

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Neutral Citation No. - 2024:AHC-LKO:29313

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2686 of 2024

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Applicant :- Lalu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vijay Kishor Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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The instant application has been moved seeking bail in respect of Case Crime No. 351 of 2023, under Sections 307,504 I.P.C. & 4/25 Arms Act, Police Station Makhi, District Unnao, during trial.

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The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case. It is further urged that from perusal of the averments made in the FIR, it would reveal that the alleged altercation took place arising out of money transactions. It has incorrectly been stated that the applicant had assaulted the victim with a knife repeatedly.

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It is urged that perusal of the medical report indicates that there is profuse bleeding from the finger. However, if the case of the prosecution is to be believed, then in such circumstances, the victim ought to have received several stabs/incised injuries which is not present and thus, it casts a doubt on the case set up by the prosecution.

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It is also urged that the applicant has no criminal history and has been in jail since 4.10.2023. There is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the rival submissions as well as the facts and circumstances of the case and the material available on record also considering the nature of allegations and accusation against

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the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Accordingly, the instant bail application is allowed.

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Let the applicant- Lalu involved in the above-mentioned case crime be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties, the following conditions shall be imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) 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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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of

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liberty of bail and proceed against him in accordance with law.

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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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Order Date :- 10.4.2024 Shravan

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

Lalu v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Lalu v. State of U.P. Thru. Prin. Secy. Home Lko.

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