Bail application for murder allegations admitted. High Court allowed bail, holding lack of premeditation due to intoxication and no criminal history supported release.
Released on bail with two sureties of Rs.20,000/- each and attendance bond.
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Neutral Citation No. - 2024:AHC-LKO:55285
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8662 of 2024
Applicant :- Mauji Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.110 of 2024, under Section 304 IPC, P.S. Kotwali Dehat, District Bahraich.
3. In terms of the FIR it was alleged that on 11.03.2024 at about 10:30 PM, the two sons of the informant namely the applicant and the deceased had a dispute with regard to certain things and they had a fight in which the applicant had caused injuries to the other brother which ultimately resulted in his death. The postmortem report on record indicates presence of as many as six injuries - the major one being lacerated wound on the left side of the skull, which is also the cause of death. My attention is drawn to the statement of the witnesses wherein it was stated that both brothers used to drink and fight very occasionally and on the said date also, they were drunk and had a fight. In the FIR, there is no allegation of any motive or intent to cause the offence.
4. Learned counsel for the applicant argues that the applicant would be entitled to plead the benefit of general exception contained in Section 85 of the IPC at the time of trial. He further argues that the applicant is in custody since 15.03.2024 and has no criminal history.
5. Learned AGA has opposed the bail application.
6. Considering the nature of the allegations and the statements, prima-facie, it appears that on account of both of them being drunk, a dispute occurred and in the fight allegedly the deceased sustained injuries which ultimately resulted in his death, as such, prima-facie, the premeditated intent appears to be missing; and apart from the said, the applicant has no criminal history and is in custody since 15.03.2024. Considering the said facts, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Mauji Lal be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 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 :- 12.8.2024
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 released on bail in an Indian Penal Code case involving death by fight during intoxication.
Whether general intoxication constitutes a valid ground for bail in this case.
Mauji Lal
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
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