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2025 DAILYLAW 151993 (ALL)

CHHOTE LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.

BAIL/6592/2025 · 2025-07-18

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41336 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6592 of 2025 Applicant :- Chhote Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Uma Kant,Amrendra Bharti Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.162 of 2025 under Section 109(1), 352, 351(2) BNS, Police Station Shardanagar, District Lakhimpur Kheri. In the prosecution case, it is alleged that on 15.6.2025 at about 6:00 p.m., the applicant and the co-accused Deendayal ploughed the sugarcane crop standing in the complainant's field. When the complainant’s brother, Ram Khelavan, opposed their actions, the accused persons allegedly started hurling abuses and with an intent to kill, inflicted a throat injury on the complainant’s brother using a sickle. Learned counsel for the applicant submits that as per the statement of the injured, the specific role of causing the injury on the back of the neck with a sickle has been assigned to the co-accused Deendayal. It is further submitted that the applicant and the co-accused are father and son, and the applicant has been falsely implicated. The role of the applicant is distinct from the co-accused. The applicant is in custody since 16.6.2025. Learned A.G.A. has opposed the bail prayer but has not disputed the facts as stated above. I have considered the submissions advanced by the learned counsel for the parties and perused the material on record. On due consideration of the statement of the injured, the role assigned to the applicant, and the nature of injury i.e. an incised wound measuring 05 cm × 0.5 cm, muscle deep, present 06 cm below the right ear lobe on the back of the neck, which is attributed specifically to co-accused Deendayal, and taking into account the facts that the applicant has no criminal antecedents and is in jail since 16.6.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Chhote Lal be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iv) 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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) 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. (now Section 84 BNSS)is issued and the 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 of the IPC (now Section 209 BNS). Order Date :- 18.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench