Allowed

Pratipal Baheliya v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko.

Allahabad HC29 Jan 2024BAIL/979/2024

Case brief

AI extract

What is this about?

Single judge allowed bail to the accused in a murder case where the FSL report found no evidence of poisoning and injuries were not linked to the applicant, safe on personal bond and sureties.

What did the court decide?

Applicant released on bail by furnishing personal bond and two reliable sureties subject to conditions to attend hearings, not commit offences, and not tamper with evidence.

Pratipal Baheliya vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:11240

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 979 of 2024

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Applicant :- Pratipal Baheliya Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko. Counsel for Applicant :- Ajay Kumar Tripathi,Vijay Kumar 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, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.145 of 2023 under sections 302, 328 IPC, P.S. Sandi, District Hardoi.

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In terms of the FIR, it was alleged that the informant had three sons and his middle son aged about 24 years was working as a labour at Himanchal. It was also stated that from the second son of the informant, the accused Preeti had taken certain money and they were also having affair and she wanted to grab the property of the son of the informant, which came in the knowledge of the applicant who is the husband of Preeti and subsequently both the accused caused the death of the son of the informant by administering any poisonous substance. In the light of the said allegations, the applicant was arrested and linked with the offence in question and he is in custody since 18.03.2023.

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By means of the order dated 29.01.2024, the AGA was directed to produce the FSL Report as in the postmortem report, cause of death could not be ascertained.

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Learned AGA based upon the said order, produces a copy of the FSL Report wherein it was specifically recorded that no poisoning was found in the viscera that was preserved.

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Considering the said report, which is on record, primarily the allegations levelled in the FIR are not supported by the FSL Report coupled with the fact that primarily the contusion injuries noticed on the right upper shoulder and the left side of abdominal do not link the applicant with the offence in question, the applicant who has no criminal history is entitled for the bail. Thus the bail application is allowed.

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Let the applicant Pratipal Baheliya be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the

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like amount 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 :- 7.2.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Pratipal Baheliya v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko.

Case brief

What is this about?

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Pratipal Baheliya v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko.

Case brief

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What did the court decide?

What the court decided

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