Allowed

Bablu v. State of U.P. Thru. Addl. Chief Secy. Home, Lko.

Allahabad HC12 Jan 2024BAIL/436/2024

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant Bablu, accused of causing death under Section 304 IPC. The court relied on inconsistent statements from the informant and an eye-witness that did not support the core allegations against the applicant, who had no prior criminal record.

What did the court decide?

Released on bail by furnishing personal bonds and two reliable sureties of Rs. 20,000/- each.

Bablu vs State of U.P. Thru. Addl. Chief… — Murder and Culpable Homicide | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:54306

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 436 of 2024

¶4

Applicant :- Bablu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. Counsel for Applicant :- Pankaj Kumar Tripathi,Divya Prakash,Mohd. Shahid Akhtar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

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

¶7

2 . The FIR in question was lodged under Section 304 IPC alleging that on 15.04.2022, the brother of the informant was coming home and on the said date at about 6, the applicant and the deceased had a fight on some dispute, when the applicant allegedly hit the brother of the informant on his head with the use of a stick, subsequently the brother of the informant was taken on an Ambulance but he died during treatment.

¶8

3 . In the light of the said allegation, the counsel for the applicant draws my attention to the statement of the informant recorded during trial, wherein in his cross-examination, he specifically stated that on the date of the incident, he was not with his brother and when he came, the police was taken the brother on an Ambulance. He also specifically stated that the informant had not met his brother. The counsel for the applicant further draws my attention to the statement of the eye witness, who in his cross examination specifically denied the date, place or anything with regard to the incident.

¶9

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

¶10

5. Considering the said two statements, not supporting the allegations against the applicant, the applicant who is in custody since 17.04.2022 and has no criminal history is enlarged on bail. Accordingly, the bail application is allowed .

¶11

6. Let the applicant Bablu be released on bail in FIR/ Case Crime No. 91 of 2022, under Sections 304, 504 IPC, Police Station Namishranya, District Sitapur, 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:

¶12

(a) The applicant shall execute a bond to undertake to attend the hearings;

¶13

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

¶14

(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.

¶15

Order Date :- 7.8.2024 Arun

¶16

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

Bablu v. State of U.P. Thru. Addl. Chief Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

Bablu v. State of U.P. Thru. Addl. Chief Secy. Home, Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Kailash Yadav Vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Rajendra Gupta Third Bail Vs State of U.P.

Babu Ram Mishra Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Aditya Maurya Vs State of U.P. Thru. Its Prin. Secy. Home, Lucknow and Others

Kalichand Vs the State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Mohd. Taufeeq Alias Guddu Vs State of U.P. Thru. Prin. Secy. Home Lko.