Allahabad High Court
Buddhi Lal vs State Of U.P. on 16 March, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 9522 of 2020
Applicant :- Buddhi Lal
Opposite Party :- State of U.P.
Counsel for Applicant :- Mithlesh Singh,Chandra Mohan Singh
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed for bail of Buddhi Lal, involved in Case Crime No.302 of 2020, under Section 302 IPC., Police Station Maurawan, District Unnao.
Heard Ms. Mithilesh Singh, learned counsel for applicant, learned AGA for the State and perused the record.
Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the whole prosecution story was happened at the spur of moment when the deceased was quarreling with his brother and applicant along with co-accused tried to intervene and pacify the dispute. Learned counsel further submits that in the instant case, three persons including applicant have been implicated for causing injury to deceased by fits, kicks and lathi danda whereas single injury was found on the body of the deceased in post mortem report. Learned counsel further submits that no specific role has been assigned to the applicant whereas applicant is aged about 62 years and is suffering from old aged disease and cataract. Learned counsel further submits that FIR (NCR) was lodged after three days under Section 323 IPC which was converted into section 302 IPC after the death of deceased. Learned counsel for the applicant further submits that the applicant is a law abiding person having no criminal history and is languishing in jail since 04.08.2020. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant Buddhi Lal involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. 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.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. 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 CrPC (iv) argument / judgment.
vi. 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.
Order Date :- 16.3.2021
P.s.
