High Court
Case Details
Neutral Citation No. - 2025:AHC:40062 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1283 of 2024 Applicant :- Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Saroj,Anil Kumar Pandey,Dhiresh Kumar,Nagendra Bahadur Singh,Sunil Kumar,Vandana Singh Parmar Counsel for Opposite Party :- G.A.,Vikas Mishra Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record.
Legal Reasoning
2. Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Vikas Mishra, learned counsel for the informant and Sri Santosh Nigam, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 288 of 2023, under Sections 147, 323, 324, 504, 304 IPC, Police Station- Shishgarh, District- Bareilly, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 13.10.2023 against applicant and five others and according to FIR, on 12.10.2023, applicant and other accused persons made assault upon the parents of the informant through baka (type of sharp edged weapon) and wooden sticks and due to assault made by them, they sustained serious injuries. 5. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under Sections 147, 323, 324, 504, 308 IPC but after the death of mother of the informant case was converted under Section 304 IPC. 6. He further submitted that however, as per prosecution, in the incident, mother of the informant died and his father sustained injuries but on the basis of false allegation, applicant has been made accused in the present matter along with others. 7. He further submitted that from the statement of injured Pooran Lal, the father of the informant, recorded during investigation, it reflects that he assigned only general allegations to all the accused persons, however, when the statements of two witnesses Parmeshwari Maurya and Nanhi Devi were recorded then they stated that applicant was having baka in his hand but from their statements, it could not be reflected that they witnessed the real incident of assault, therefore, it cannot be said that applicant caused injury to the deceased through baka. He further submitted that from the post-mortem report, it reflects that deceased died due to one head injury and there is no evidence on record, which can suggests that applicant caused this injury to her. 8. He further submitted that bail applications of co-accused Naresh and Sohal Lal have been allowed by co-ordinate Bench of this Court and their bail orders have been annexed along with supplementary affidavit dated 07.03.2025 filed in support of the instant bail application and considering the statement of the injured and version of the FIR, case of applicant is at par with them. 9. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 15.10.2023 i.e. for last almost one and half years. 10. Per contra, learned AGA as well as learned counsel for the informant, however, opposed the prayer for bail and submitted that case of applicant is distinguishable from the case of co-accused Naresh and Sohan Lal as according to two witnesses, he was having baka in his hand but both the counsels could not dispute the fact that there is no evidence on record, which can suggests that applicant caused injury to the deceased through baka and post- mortem report of the deceased suggests that she sustained only one injury. 11. They further could not dispute the fact that from the statement of the injured, it reflects that he made only general allegations to all the accused persons. They further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last almost one and half years. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation, applicant along with others made assault upon the parents of the deceased due to which mother of the informant died and his father sustained injuries but from the post-mortem report, it reflects that deceased sustained only one injury on her head and there is no evidence on record, which can suggests that applicant is author of this injury. 14. Further, however, from the statements of two witnesses namely Naresh and Sohan Lal, it reflects, applicant was having baka in his hand but from their statements it could not be reflected that they witnessed the real incident of assault. 15. Further, co-accused Naresh and Sohan Lal have already been released on bail by co-ordinate Bench of this Court and considering the statement of the injured witness recorded during investigation, case of applicant is at par with them. 16. Further, applicant is not having any criminal history and he is in jail in the present matter since 15.10.2023 i.e. for last almost one and half years. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant- Kallu 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (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. (iii) The applicant shall not indulge in any criminal and anti-social activity. 20. 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. 21. 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 merits of the case during trial. Order Date :- 19.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad