In a bail application under Sections 302, 323, and 324 IPC for a murder arising from a property partition dispute, the High Court allowed bail, finding lack of mens rea and no risk of trial interference.
The applicant was released on bail on personal bond with two sureties of the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:64985
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9980 of 2024
Applicant :- Radheshyam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Deepak Yadav,Narvind Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.213 of 2022, under Section 302, 323, 324 IPC, P.S. Pihani, District Hardoi.
3. In terms of the FIR it was alleged that on 21.04.2024 in the morning, the applicant came to the home of the informant and started demanding partition of the agricultural fields and started fighting with the husband of the informant and the father-inlaw, who are also the brother and father of the applicant, and thereafter it was alleged that the applicant who was carrying a knife, started hitting the father and the brother which resulted in substantial injuries and thereafter, death of the husband of the informant. Subsequently, the mother of the applicant has turned hostile and has not supported the prosecution story. In terms of the statement of the informant which has already been recorded, she has supported the prosecution story and reiterated the FIR version.
4. It is argued that the statement of the father of the applicant, who is also injured, has not been recorded so far and the applicant is in custody since 23.04.2022 having no criminal history.
5. Learned AGA has opposed the bail application.
6. Considering the fact that genesis of the dispute was a dispute arising out of partition of the property in between the brothers and the father in which allegedly the applicant had caused injuries which resulted in death of the brother of the applicant, the mens rea and the premeditated intent required for prosecution under Section 302 IPC are apparently missing, coupled with the said fact that the statement of the informant who has deposed against the applicant has already been
recorded and there is nothing on record to demonstrate that the applicant, if enlarged on bail at this stage, can adversely affect the trial, as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Radheshyam be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 20.9.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant seeking bail in a murder case involving a property partition dispute should be granted bail.
Whether the absence of recorded statement from an injured accused and the character of the dispute preclude bail.
Radheshyam
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
