Allowed

Munna Lal Yadav v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Allahabad HC2 Apr 2024BAIL/3661/2024

Case brief

AI extract

What is this about?

Bail application in a case of assault during a family dispute leading to a death a month after the incident. Considering the post mortem report, absence of intent to cause death, no criminal history and custody since December 2023, the court granted bail under Sections 308, 304, 504, 506 IPC.

What did the court decide?

Applicant enlarged on bail in FIR No. 573/2023 on personal bonds and two sureties of Rs.20,000/- each with conditions to attend hearings and not tamper or reoffend.

Munna Lal Yadav vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52204

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3661 of 2024

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Applicant :- Munna Lal Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Rakesh Pratap Singh,Rajendra Prasad 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 FIR, it was alleged that on account of the family dispute, two sons of the informant were beaten by the applicant with the use of Lathi-Danda etc., which resulted in substantial injuries on the head of one of the son of the informant, who later on succumbed on account of the said injury. The post mortem report on record indicates the presence of two injuries. The death of the victim occurred after about one month of the alleged incident.

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3. Learned A.G.A. opposed the bail prayer.

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4. Considering the material on record including the post mortem report, prima facie , there is no allegation of causing the specific injury with the intent to cause the death and admittedly, the altercation took place on account of the petty domestic dispute. Considering these facts coupled with the fact the applicant has no criminal history and is in custody since 01.12.2023, is enlarged on bail. Accordingly, the bail application is allowed .

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5. Let the applicant Munna Lal Yadav be released on bail in FIR/ Case Crime No. 573 of 2023, under Sections 308, 304, 504, 506 IPC,

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Police Station Salon, District Raebareli, 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 :- 30.7.2024 Arun

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

Munna Lal Yadav v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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Munna Lal Yadav v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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