Allowed

Ram Bhajan v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Allahabad HC4 Jan 2024BAIL/13/2024

Case brief

AI extract

What is this about?

High Court Allahabad allowed bail to Ram Bhajan, an 80-year-old first-time accused charged with murder. The court found no evidence against him regarding the use of a firearm or other weapons and found release would not adversely affect the trial.

What did the court decide?

Applicant released on bail in Crime No. 248 of 2021 on personal bonds and two sureties of Rs. 25,000 each.

Ram Bhajan 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:1093

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13 of 2024

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Applicant :- Ram Bhajan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Desh Raj Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . In terms of the F.I.R., it was alleged that on 28.05.2021 son of the informant was going towards his agricultural field when three persons named in the FIR including the applicant fired on the son of the informant. It was specifically stated that co-accused Kallu had fired with the use of country-made pistol, which hit the son of the informant on his neck, as a result thereof, he died. In the statement recorded under Section 161 Cr.P.C. also, allegations were leveled that coaccused Kallu had fired, which injured the son of the informant. No allegation of either use of Lathi or fire arm was alleged against the applicant.

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3 .The counsel for the applicant argues that the applicant was falsely implicated being the family members and being the father of the co-accused Kallu. The applicant is aged about 80 years and has no criminal antecedents.

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

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5. Considering the fact that the applicant is aged about 80 years and has no criminal antecedents and in the F.I.R. or in the statements, no role of use of fire arm or use of Lathi Danda has been

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assigned to the applicant and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, 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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6. Let the applicant Ram Bhajan be released on bail in FIR/ Case Crime No. 248 of 2021, under Sections 302/34 IPC, Police Station Maholi, District Sitapur, on his furnishing personal bonds and two reliable sureties of Rs.25,000/- 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 :- 4.1.2024 Arun

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

Ram Bhajan v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Case brief

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Ram Bhajan v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Case brief

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What did the court decide?

What the court decided

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