Allowed

Babu Ram Pal v. State of U.P. Thru. Prin. Secy. Home Govt. Sectt. Lko

Allahabad HC23 Sept 2024BAIL/10123/2024

Case brief

AI extract

What is this about?

The applicant, a 65-year-old man aged, sought bail in a case involving grievous hurt causing death under Sections 115, 352, and 105 of the Bharatiya Nagarik Suraksha Sanhita (BNS). The Allahabad High Court allowed bail, noting that a co-accused was assigned the cause of death in the informant's subsequent statement.

What did the court decide?

The applicant is released on bail on furnishing personal bonds and two reliable sureties of equal amount with personal bonds to attend hearings and not tamper with evidence.

Babu Ram Pal vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65790

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10123 of 2024

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Applicant :- Babu Ram Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Sectt. Lko Counsel for Applicant :- Ramakar Shukla,Subodh Kumar Pandey 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.148 of 2024, under Sections 115, 352, 105 of BNS, Police Station Sharda Nagar, District Lakhimpur Kheri.

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3 . In terms of the FIR, it was alleged that on 18.07.2024 at about 9:30, the father-in-law and his elder brother were having a dispute with regard to partition of the family property and in the said dispute, the accused, who were three in number, came armed with Fawda and Lathi etc. As against the applicant, it was alleged that he caused the injury with the use of Fawda, which ultimately resulted in head injury to the father-in-law of the informant and because of which, he subsequently died. The postmortem on record indicates the cause of death as head injury. One lacerated injury was seen on the parietal bone.

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4 . My attention has been drawn to the subsequent statement of the informant, wherein, she had alleged that the Fawda injury was caused by the co-accused Hira Lal. It was further argued that the applicant is 65 years of age and is suffering from 50% of disability and is not equipped to hold Fawda.

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

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6. Considering the subsequent statement of the informant assigning the role of Fawda, which prima facie appears to be the cause of death, to the co-accused Hiral Lal coupled with the fact that the applicant, who is aged about 65 years, has no criminal antecedents and is languishing in jail since 30.07.2024, 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 Babu Ram Pal 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 :- 23.9.2024 akverma

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

Babu Ram Pal v. State of U.P. Thru. Prin. Secy. Home Govt. Sectt. Lko

Case brief

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What did the court decide?

Babu Ram Pal v. State of U.P. Thru. Prin. Secy. Home Govt. Sectt. Lko

Case brief

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What did the court decide?

What the court decided

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