Amrit Lal @ Bachcha Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Neutral Citation No. - 2025:AHC-LKO:11870

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1790 of 2025

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Applicant :- Amrit Lal @ Bachcha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Rama Kant Dixit,Ram Vishal Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Rama Kant Dixit, learned counsel for the applicant and Sri Arun Verma, learned AGA for the State.

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The present applicant is in jail since 15.10.2024, in case crime no. 514 of 2024, under Sections 115(2), 352, 351(3), 105 of BNS at Police Station Ramgaon District Bahraich.

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Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein, general allegation of assault and beating has been attributed to three accused persons, including the present applicant, however, on the basis of the statement of the witnesses, the role attributed to the present applicant is of catching hold, whereas the specific role of beating with bamboo cane has been attributed to Munshi Lal as the specific statement of the independent witnesses to that effect has been recorded. The co-accused Munshi Lal might have some motive against the victim, inasmuch as in one earlier dispute both the coaccused Munshi Lal and deceased were challaned under Section 107/116 CrPC as this fact has been indicated in the statement of the informant (Annexure No. 4). The victim (since deceased) received fatal injury on account of Bamboo cane. There is no prior criminal history of the applicant. Charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail.

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Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant.

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Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 15.10.2024, there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

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The bail application is allowed .

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Let the applicant- Amrit Lal @ Bachcha, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 27.2.2025 Anurag

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Amrit Lal @ Bachcha v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Amrit Lal @ Bachcha v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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