The Allahabad High Court has granted conditional bail to the son accused of murdering his father.
A Single Bench of Justice Gautam Chowdhary passed this order while hearing a Criminal Misc Bail Application filed by Kallu.
It has been averred in the F.I.R that on 30.10.2023 at about 05:00 a.m the informant was telephonically informed that his brother namely, Manna Lal has been murdered. The brother of the informant, as usual, used to visit his agricultural field, on the way, Kallu (applicant), his mother and father-in-law along with unknown persons have committed the murder of his brother by assaulting him with an iron rod. Prior to it, the applicant and his father Rambali had earlier tried to kill him.
Counsel for the applicant submitted that there is no direct or indirect evidence against the applicant to connect him to the commission of alleged offence.
He further submitted there is no eyewitness to the alleged incident.
Counsel further submitted that the mutation case was filed by Brijesh, the nephew of the deceased, in which objection was filed by mother of the applicant and it appears that due to said dispute, somebody else had murdered the deceased, in which the applicant has been falsely implicated in the case.
Counsel further argued that during the course of investigation, applicant’s father-in-law as well as applicant’s mother has been exonerated.
Counsel next argued that according to the confessional statement, the applicant has been assigned the role of hatching conspiracy.
Counsel has further argued that no recovery whatsoever has been made either on the pointing or from the possession of the applicant.
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 submitted that the applicant is languishing in jail since 05.11.2023, having no criminal history.
Per contra, 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.
“After 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 the 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, the Court is of the view, that the applicant may be enlarged on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let applicant Kallu involved in Case under Sections 302, 120-B, 34 435 I.P.C, Police Station Airport, District Prayagraj, be released 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 by 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 a 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.