Allowed

Ramprasad Alias Balla v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lko.

Allahabad HC22 Feb 2024BAIL/1704/2024

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 302, 323, 506, and 34 IPC, this court allowed the bail prayer for an accused who was charged with abetting murder but did not directly assault the deceased. The court found it a fit case for bail despite the charge-sheet having been filed before the applicant was in jail.

What did the court decide?

The bail application was allowed and the applicant was released on bail with a personal bond and two sureties.

Ramprasad Alias Balla vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15875

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1704 of 2024

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Applicant :- Ramprasad Alias Balla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lko.

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Counsel for Applicant :- Sushil Kumar Dwivedi,Kunwer Dhananjay Singh,Shishir Pradhan Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard 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.333 of 2023, under Sections 302, 323, 506, 34 I.P.C., P.S. Maharajganj, District Raebareli.

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In the prosecution case it is alleged that father of the informant Lal Bahadur on 23.09.2023 at about 06:00 am while he went to attend the call of nature towards the field due to old enmity named accused persons namely, Hemraj, Desraj and Santosh armed with iron rod, lathi and danda started beating him in front of his house. Applicant has exhorted to kill him. Upon hearing the alarm, the informant came but he was also beaten by the accused persons due to which he has suffered injury on his head and back.

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Learned counsel for applicant submits that in the statement of the injured Rajesh Kumar, the complainant and the two eye witnesses namely Chandrawati and Shravan Pal, no role of assault has been assigned to the present applicant. Applicant has been assigned the role of standing nearby and extorting to attack the deceased. Applicant's role is quite distinct from the

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co-accused persons. He is in jail since 24.09.2023.

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Learned A.G.A. has opposed the bail prayer however, he submits that in the post mortem, there are eleven ante mortem injuries. Cause of death is hemorrhage and shock due to ante mortem injuries.

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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 24.09.2023, role assigned to the applicant, period of incarceration gone into by the applicant and the fact that charge-sheet has been filed, 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 Ramprasad Alias Balla 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 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

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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 :- 22.2.2024 Saurabh Yadav/-

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

Ramprasad Alias Balla v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lko.

Case brief

What is this about?

What did the court decide?

Ramprasad Alias Balla v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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