Allowed

Om Prakash Alias Prakash v. State of U.P. Thru. Prin. Secy. Home

Allahabad HC2 Aug 2024/6098/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed. The Single Judge held that the applicant, falsely implicated in a murder case based on suspicion and recovery without independent witnesses, has no criminal history, is not at flight risk, and is entitled to be released on bail.

What did the court decide?

Bail allowed on furnishing personal bonds and two reliable sureties of equal amount with standard conditions including appearance bonds and prohibitions on tampering.

Om Prakash Alias Prakash Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53052

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6098 of 2023

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Applicant :- Om Prakash Alias Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Neeraj Singh,Devendra Pratap,Shashank Shekhar 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.447 of 2022, under Section 302 IPC, Police Station Ajgain, District Unnao.

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3 . The FIR in question was lodged on 18.11.2022 alleging that the brother of the informant aged about 42 years had gone on a pond for taking care of the fishes, where some unknown person had caused injury and had killed him. The applicant was not named in the FIR. Subsequently, the statement of the informant was recorded after about substantial delay on 24.11.2022, wherein, he expressed that the brother of the informant used to drink with the applicant and thus, there are chances that the applicant had committed the offence. It was also stated that an altercation had occurred in between the wife of the applicant and the brother of the informant, based upon the said statement, allegedly on the basis of a confessional statement and recovery of a Banka, the applicant was was linked with the offence in question.

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4 . It is argued by the Counsel for the applicant that the recovery was in an open place and not even an independent witness has been shown. He further argues that the applicant is in custody since 28.11.2022 and has no criminal history and further argues that only one witness has been examined so far out of the total 19 witnesses proposed to be examined.

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

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6. Considering the fact that the applicant was not named in the FIR and has been falsely implicated based upon a suspicion and a recovery, which is prima facie without the presence of any

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independent witness coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 28.11.2022 and there is nothing on record to demonstrate that the applicant is at flight risk or in any way adversely affect the trial, 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 Om Prakash alias Prakash be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount 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 :- 2.8.2024 akverma

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

Om Prakash Alias Prakash v. State of U.P. Thru. Prin. Secy. Home

Case brief

What is this about?

What did the court decide?

Om Prakash Alias Prakash v. State of U.P. Thru. Prin. Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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