NANDLAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/3305/2025 · 2025-04-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135183 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135183 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22292 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3305 of 2025 Applicant :- Nandlal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ramakar Shukla, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate for the State, and perused the records. 2. Supplementary affidavit filed on behalf of the applicant today is taken on record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0403 of 2024, under Section 103(1) B.N.S., registered at Police Station Kotwali Dehat, District Sultanpur. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.10.2024 against the applicant, his wife, son and daughter, stating that the applicant's son/Shani Verma had called and taken the informant's nephew from his home at about 3 p.m. on 05.10.2024 and all the accused persons had assaulted him outside the village, injuries to him. When the informant got information about the incident and reached the spot along with several other villagers, his nephew had already died. 5. The postmortem examination mentions mentions two incised wounds and cause of death has been opined to be hemorrhage and shock due to antemortem injuries. 6. During investigation, one Smt. Jagrani Verma stated that a hue & cry was raised in the village whereupon she also reached the spot and
saw that the all the accused persons were assaulting the deceased with axe and seeing her, all the accused persons ran away. Rambahadur Verma, husband of Smt. Jagrani Verma, gave a similar statement. Rambahadur Verma is cousin of the informant. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. In para-27 of the affidavit filed in support of the bail application applicant's involvement in another criminal case has been disclosed wherein he has been granted bail. 8. Statement of the applicant's son/co-accused- Shani Verma recorded by the investigating officer has been annexed with the bail application wherein he has confessed that he had assaulted the deceased with an axe and an axe has been recovered on his pointing out. 9.
Co-accused persons, namely, Janki Devi, Shivani and Dilip Tiwari have already been granted bail and their bail orders have been annexed with the affidavit filed in support of the bail applicant as well as the supplementary affidavit filed today. 10. The learned Additional Government Advocate has opposed the bail application. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant stated that he reached the spot with some other villagers upon acquiring knowledge of the incident and found his nephew dead and he did not mention that his relatives Rambahadur Verma and his wife Jagrani Devi had reached the spot, whereas subsequently the aforesaid persons have claimed to have witnessed the incident; the applicant's son/co- accused- Shani Verma has stated that he has given affect to the incident and three co-accused persons have already been granted bail, I am of the view that the applicant is entitled to be released on bail. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Nandlal 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi, J.] Order Date :- 21.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench