Lahri v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41318 of 2023 Applicant :- Lahri Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that initially the present F.I.R. was lodged in unknown by the Village Chowkidar stating therein that one dead body of a girl was found lying in a sack, some persons told that this dead body is of the daughter of one Radhey Shyam Kewat. Learned counsel for the applicant further submits that after recovery of the said dead body inquest proceedings as well as postmortem were conducted wherein except one ligature mark all around the neck two other injuries of sharp wound near ear pinna and on umbilicus were found and cause of death was found to be shock due to ante mortem injuries. Learned counsel for the applicant further submits that after lodging of the F.I.R. the Investigating Officer recorded statement of the first informant, who repeated the same version of the F.I.R. Learned counsel for the applicant further submits that thereafter on 23.04.2023 the Investigating Officer arrested three accused persons, namely, Radhey Shyam, Lal Bihari @ Seeta Ram and the present applicant and recorded their confessional statements. Learned counsel for the applicant further submits that on the pointing out of applicant a knife has been shown to be recovered which was used in the alleged crime by the accused persons and in the said recovery memo thumb impressions of accused, Radhey Shyam and Lal Bihari @ Seeta Ram was taken but there is no signature or thumb impression of the applicant which shows a false recovery has been made. Learned counsel for the applicant further submits that deceased is the daughter of co-accused Radhey Shyam, who in his confessional statement has stated that the deceased was in love with a boy belongs to other caste, therefore, for the sake of honour he along with other persons committed her murder. Learned counsel for the applicant further submits that applicant has no concern with the relations of the deceased, he has no motive for commission of offence, he has been implicated in the case due to family relations with the co-accused, Lal Bihari @ Sitaram, who is grand father of the deceased. Learned counsel for the applicant further submits except confessional statements of the applicant and other accused, there is no evidence against the applicant, which statements are not admissible under the Evidence Act. Learned counsel for the applicant further submits that there is no evidence against the applicant for implicating him in the present case, there is no recovery of any weapon made by the police from the pointing out of the applicant and no motive has been assigned by the prosecution for committing the murder of the deceased by the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.04.2023, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Lahri, involved in Case Crime No. 86 of 2023, under Sections 302, 201, 34 I.P.C., Police Station Khesraha, District Siddharth Nagar, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if applicant fails 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 I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

¶6The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶7The bail application is allowed. Order Date :- 23.11.2023 Mustaqeem. High Court of Judicature at Allahabad