OM PRAKASH VERMA @ GUDDU v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO.
BAIL/10042/2024 · 2025-04-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160548 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160548 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23608 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10042 of 2024 Applicant :- Om Prakash Verma @ Guddu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Pramod Kumar,Arunima Shukla,Prashansa Singh,Yogesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Yogesh Kumar Mishra, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0313 of 2024, under Sections 105, 115(2), 352 I.P.C., registered at Police Station Chanda, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.07.2024 stating that a property dispute is going on between the parties due to which an altercation had taken place between the parties at about 5.30 a.m. The applicant who is pattidar (coparcener) of the informant pushed her son in an inara (well). The villagers took him out and took him to the hospital. The informant's son died in the hospital on the same day. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The postmortem examination report of the deceased mentions stitched wound on left side back of head, contusion on back of head and abraded contusion on front of right knee joint and the cause of death has been opined to be coma due to ante mortem head injury. Some independent witnesses stated that during altercation the applicant had pushed the deceased in dry well
and he suffered injuries in the incident. 6. The State has filed a counter affidavit annexing therewith the copies of relevant materials collected during investigation and copy of charge sheet dated 20.07.2024. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident occurred in a sudden quarrel, no weapon was used in the incident; that the applicant has no previous criminal history and he is languishing in jail since 02.07.2024 and the investigation already stands concluded and as per the statement of the learned counsel for the applicant the trial is yet to commence and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Om Prakash Verma @ Guddu 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 :- 24.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench