High Court
Case Details
Neutral Citation No. - 2025:AHC:66711 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5349 of 2025
Legal Reasoning
Applicant :- Chaman Lal Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Srivastava,Raghuvansh Chandra,Ram Jee Saxena Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Raghuvansh Chandra, learned counsel for the applicant and Sri Santosh Pandey, learned Brief Holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.23 of 2024, under Sections 302, 323, 504, 506, 34 IPC, Police Station Behsuma, District Meerut, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 22.1.2024 at 11 hours against applicant and four others and according to the FIR on 21.1.2024 at about 6 pm in the evening some dispute of the brother of the informant arose with the applicant and thereafter applicant and others entered in the house of the informant and made assault upon his brother and they caused head injury upon his head through spade due to which he sustained serious injuries. 5. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under sections 147, 452, 323, 504, 506 IPC but after the death of the injured case was converted under section 302 IPC. 6. He further submitted that however in the FIR only general role has been assigned to all the accused but when the statement of the witnesses were recorded during investigation including statement of the informant then they although stated that all the accused persons made assault upon the deceased but they assigned the specific role of causing head injury to the applicant but entire allegation levelled against the applicant is totally false and actually informant side was the real aggressor and due to their assault applicant himself sustained injuries and on 22.1.2024 at 9:25 a.m., applicant himself lodged FIR against four persons including deceased of the case and FIR lodged by applicant has been annexed at annexure-1 to the supplementary affidavit dated 23.3.2025. 7. He further submitted that when the informant side came to know that a FIR against them has been lodged by the applicant then on the basis of false allegation they lodged FIR of the present case on 22.1.2024 at 11 hours i.e. after one and half hours from the date of lodgement of the FIR of the applicant. 8. He further submitted that as applicant himself lodged the FIR against the deceased and other, therefore, he has been made principal accused in the present matter during investigation. 9. He further submitted that even from the post mortem report it reflects that deceased sustained only single injury. 10. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 29.1.2024 i.e. for last more than a year. 11. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, applicant is named in the FIR and according to the statement of the witnesses including informant, he was the principal accused who was caused head injury to the deceased and post mortem report of the deceased also suggest that he sustained one injury which was on his head but it reflects that FIR of the present case was lodged on 22.1.2024 at 11 hours and before lodgement of the FIR of the present case, applicant himself lodged a FIR against deceased and three others on 22.1.2024 at 9:25 hours and according to the applicant deceased and three others made assault upon him and in the incident he also sustained injuries. Considering this fact, the argument advanced by learned counsel for the applicant that when informant side came to know about the FIR lodged by the applicant then after one and half hours on the basis of false allegation FIR of the present case was lodged and applicant has been made principal accused cannot be ruled out, at this stage. 14. Further, from the FIR and other material available on record, however, it reflects that specific role of causing head injury to the deceased has been attributed to the applicant but from the record, it also reflects that as per prosecution other accused also caused injury to the deceased but it appears he sustained only one injury. 15. Further, applicant is having no criminal history and he is in jail in the present matter since 29.1.2024 i.e. for last more than a year. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Chaman Lal, 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. 19. 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. 20. 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 :- 29.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad