Allowed

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

Allahabad HC26 Feb 2024BAIL/2138/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application for an accused in a Section 306 IPC case. Relying on Mariano Anto Bruno, the court held that prima facie no material existed to connect the applicant with the offence of abetment. The applicant, with no criminal history and already in custody, was released on personal bonds and sureties.

What did the court decide?

Bail granted on personal bonds and two sureties of Rs.20,000/- each with standard conditions.

Ram Balak vs State of U.P. Thru. Prin. Secy. Home Deptt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21294

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2138 of 2024

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Applicant :- Ram Balak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ravi Prakash 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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In terms of the F.I.R. it was alleged that the entire matrimonial family had killed the son of the informant and was hanged thereafter. The F.I.R. initially was lodged for an offence under Section 302 I.P.C., however subsequently after the investigation, a chargesheet was filed against the applicant under Section 306 I.P.C.

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Learned counsel for the applicant argued that the applicant is the real brother-in- law of the deceased who has committed suicide. The cause of death as per the post mortem report, is ante mortem hanging and apart from ligature mark, no other injury was visible on the body of the deceased.

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Submission of learned counsel for the applicant is that even if the allegations in the F.I.R. are treated to be gospel truth, the allegations under Section 306 I.P.C are not made out as there is no case of abetment as defined under Section 107 I.P.C. In this regard, learned counsel for the applicant places reliance on the judgement of Hon'ble Supreme Court passed in the case of Mariano Anto Bruno and another Vs. Inspector of Police : 2022 SCC Online SC 1387. The applicant who is in custody since 12.12.2023 having no criminal history, may be enlarged on bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the entire material available on record and the law as has been laid down by

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Hon'ble Supreme Court in the case of Mariano Anto Bruno and another(supra), prima facie there is no material to suggest the allegations of abetment against the applicant so as to connect him with the offence of abetment defined under Section 107 I.P.C. coupled with the fact that the applicant is in jail since 12.12.2023 and the having no criminal history 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.

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Accordingly, the bail application is allowed.

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Let the applicant Ram Balak be released on bail in FIR/ Case Crime No.207 of 2023, under Section 306 I.P.C., Police Station Behta Mujawar, District Unnao on his furnishing personal bonds and two reliable sureties of Rs.20,000/- 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 :- 11.3.2024

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Shukla

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

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

Case brief

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

Case brief

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What did the court decide?

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