Allowed

Chimman Alias Kailash v. State of U.P.

Allahabad HC4 Feb 2025BAIL/489/2025

Case brief

AI extract

What is this about?

This bail application allowed the release of Chimman Alias Kailash in a thick-lock case under Section 304 IPC. The court noted the uncertainty of intent due to intoxication and the applicant's long detention without criminal history as key factors for bail.

What did the court decide?

Bail granted on personal bond and two sureties in like amount upon furnishing a personal undertaking to appear, not interfere with evidence, and avoid criminal activities.

Chimman Alias Kailash vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:15475

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 489 of 2025

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Applicant :- Chimman Alias Kailash Opposite Party :- State of U.P. Counsel for Applicant :- Lal Prabhakar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Lal Prabhakar Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 355 of 2023, under Section 304 IPC, Police Station- Junawai, District- Sambhal, during pendency of the trial in the court below.

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FIR of the present case was lodged on 18.10.2023 against applicant under Section 304 IPC and according to FIR, on 17.10.2023 applicant along with his brother Kalu had gone to attend a marriage function where they consumed liquor and after returning from the marriage function, they started making fight and during fight, applicant gave a blow of wooden stick on the head of his brother, due to which, he sustained injury and died.

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Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter and even according to prosecution case, applicant and deceased both were under intoxication and if under intoxication, applicant gave a wooden stick blow on the head of the deceased then it cannot be said that he was having any intention to cause his death. He further submitted that instant case does not travel beyond Section 304 part II IPC.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 18.10.2023 i.e. for last more than a year.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation, applicant gave a wooden stick blow on the head of his brother due to which he died but as per prosecution, even at the time of incident, applicant and deceased both were under intoxication and considering this fact and the fact that deceased sustained only one injury on his head, the argument advanced by learned counsel for the applicant that present case does not travel beyond Section 304 part II IPC, cannot be completely ruled out at this stage.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 18.10.2023 i.e. for last more than a year.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Chimman Alias Kailash be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the

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merits of the case during trial.

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Order Date :- 4.2.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Chimman Alias Kailash v. State of U.P.

Case brief

What is this about?

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Chimman Alias Kailash v. State of U.P.

Case brief

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What did the court decide?

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