Allowed bail in an FIR alleging murder under Section 302 IPC. The court emphasized the lack of eyewitnesses, the applicant's clean criminal record, and custody duration as grounds for release on personal bond and two sureties.
Granted bail on furnishing a personal bond with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:32287
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3321 of 2023
Applicant :- Mathura Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sachin Verma,Azmi Yousuf Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard Ms. Azmi Yousuf, learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.605 of 2021, under Section 302 IPC, P.S. Dhaurahra, District Lakhimpur Kheri.
3. In terms of the FIR it was alleged that the daughter of the informant was married to the applicant around 10 years ago and subsequently, allegations were levelled that the applicant who is son-in-law had killed the daughter after beating her.
4. Learned counsel for the applicant argues that in terms of the postmortem report as many as eight injuries were shown on the body of the deceased, which, according to the applicant, occurred while she fell in the room and had a collision with the cot kept there.
5. Learned AGA has opposed the bail application by arguing that the applicant is accused of a serious offence, as such, the bail application should be rejected.
6. Be that as it may, the applicant is in custody since 06.12.2021 and has no criminal history and there is nothing on record to demonstrates that he applicant, if enlarged on bail, can adversely affect the trial, as such, considering the fact that thee are no eyewitnesses to the incident, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Mathura Prasad be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 25.4.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in a murder case despite the gravity of the offence.
Whether the lack of eyewitnesses and the absent criminal history of the applicant justify granting bail.
1 provisions across 1 enactments
Mathura Prasad
State Of U.P. Thru. Prin. Secy. Home Lko.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
