Allowed

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

Allahabad HC23 Feb 2024/37/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Deepak accused of assault leading to death under Sections 323, 504, and 304 IPC. The court held that since the deceased died during treatment after being dragged and beaten, not immediately, the accused has no prior criminal history, he is a fit case for bail.

What did the court decide?

Released on bail subject to personal bond and two reliable sureties with standard conditions.

Deepak Vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16632

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37 of 2023

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Applicant :- Deepak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shailesh Kumar Singh,Rajesh Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard Sri Aditya Singh Tomar holding brief of Sri Shailesh Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.169 of 2022, under Sections 323, 504, 304 I.P.C., P.S. Kheri, District Kheri.

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In the F.I.R. it is alleged that applicant went to the shop of the deceased Vinod and asked for credit which was refused by Vinod therefore, the applicant got angry and dragged him and started beating him with kick and fists. Neighbours mediated. Applicant went away hurling abuses in the night. Applicant again came to the house of the informant and on some pretext took Vinod with him near railway quarter and started beating him and thereafter, threw him into the well.

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Learned counsel for applicant submits that injured in his statement has repeated the same story. Initially, the F.I.R. bearing Case Crime No.169/2022 was registered under Sections 323, 504 and 308 IPC. The injured was treated into district hospital for some days thereafter, he was referred to Trauma Centre, Lucknow. He was under treatment for a period of one month. As per the application given by the mother of the

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informant during the treatment she took her son home and thereafter, Section 304 IPC has been added.

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He further submits that although cause of death is shock as a result of ante mortem injury however, he never had any intention to commit murder of the deceased neither the deceased could have died by the assault of the applicant. He died due to negligence during the treatment while he remained admitted for one month. Applicant is in jail since 11.05.2022 and has no criminal history.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 11.05.2022 having no criminal history as also the submission of learned counsel for the applicant that deceased remained admitted for one month and during treatment he died, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Deepak be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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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

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evidence.

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(iv) 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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(v) 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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(vi) 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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Order Date :- 23.2.2024

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Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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