The Allahabad High Court has granted bail to the accused of murdering by axe in a family dispute.
A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Kallu.
The application has been filed seeking release of the applicant on bail in Case under Sections 302, 504, 34 IPC, Police Station- Puramufti, District- Prayagraj, during pendency of the trial in the court below.
The FIR of the case was lodged against applicant and two others and according to the FIR, due to family dispute, on 23.12.2021 at about 9:00 p.m in the night some dispute arose between applicant and husband of the informant and applicant gave axe blow on the head of the husband of informant and due to that he died at spot.
It is further mentioned in the FIR that after hearing noise, an informant along with her jeth arrived at the spot and tried to save the deceased.
Counsel for the applicant submitted that the applicant is the real brother of the deceased and only due to property dispute, he has been accused in the matter.
He further submitted that nobody could witness the real incident and even according to the informant, she along with her jeth arrived at spot after hearing the noise and similar statement was given by her in her statement recorded under Section 161 Cr.P.C and even from the statement of the jeth of the informant namely Chaube Lal, it appears that he also arrived at spot after the incident.
He also submitted that although, as per the allegation, applicant gave axe blow on the head of the deceased but post- mortem report suggests that he sustained three injuries and injury no 1 is lacerated wound of 1×1 c.m dimension on the left side of forehead and according to the doctor, he died due to this injury.
He said that axe is a sharp-edged weapon, therefore, it appears that he sustained this injury in some other manner and subsequently due to enmity, applicant has been roped in the matter along with others.
He further said that the applicant does not have any criminal history and he has been in jail since 01.01.2022 i.e for more than one and half years.
Per contra, AGA opposed the prayer for bail and submitted that applicant is the brother of the deceased and as per the allegation, he gave axe blow on the head of the deceased and post-mortem report also corroborates that deceased died due to head injury but could not dispute the fact that even from the FIR and statements of both the witnesses, it appears that informant and witness Choube Lal arrived at spot subsequently after hearing the noises and axe is a sharp edged weapon and deceased died due to lacerated wound sustained by him on his head.
“However, as per the allegation, due to assault made by the applicant on the head of the deceased through axe, he died but post-mortem report of the deceased suggests that he sustained three injuries, injury no 1 is lacerated wound of 1×1 c.m dimension on his head, injury no 2 is multiple abraded contusion and injury no 3 is incised wound skin deep and according to the doctor, deceased died due to injury no 1 and, therefore, I find force in the argument advanced by the counsel for the applicant that at this stage, prima facie it appears that deceased died due to injury caused by blunt object not by axe, which is sharp edged weapon.
Further, from the perusal of the record, it reflects that there are two witnesses, informant and her jeth and it appears that both arrived at spot after the incident.
Further, the applicant does not have any criminal history and he has been in jail since 01.01.2022 i.e for more than one and half years.
Therefore, considering the facts and circumstances of the case discussed above, in my view the applicant is entitled to be released on bail”, the Court observed while allowing the bail application.
The Court ordered that,
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 antisocial activity.
In case of breach of any of the above conditions, the prosecution will be at liberty to move an application before the Court for cancellation of the bail of the applicant.