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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Shree Prakash Singh,J.
Virendra Kumar Lodh – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home, Lucknow – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1.Heard learned counsel for the applicant, Sri Alok Kumar Tripathi, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 79 of 2023, under section 302 of the I.P.C., Police Station-Deeh, District-Raebareli.
3. As per the prosecution story, while lodging the first information report, it is narrated that on 11-03- 2023, when the son of complainant went to the field and did not return, a search was made, but, he could not be found and subsequently, on 12-03- 2023, dead body of his son was found in the potato filed of one, Ram Naresh Pal.
4. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant is not named in the first information report and the dead body of the deceased was found on the next day of the alleged incident in the field of one village man namely, Ram Naresh Pal. He next added that the statement of the informant, is evident that t
Bail may be granted when there is no direct evidence linking the accused to the crime, and the accused has cooperated with the investigation.
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
The court emphasized the importance of personal liberty under Article 21, granting bail based on the victim's statement undermining the prosecution's case.
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; clear evidence of incitement is required.
Bail can be granted when the applicant is not named in the FIR and lacks incriminating evidence, emphasizing the need for conditions to prevent misuse.
The court granted bail based on the applicant's distinct role in the crime, lack of motive, and cooperation with the investigation.
Point of Law : Grant of Bail the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by learned counsel for the parties and looking int....
The court granted bail due to lack of evidence against the applicant and his commitment to cooperate with trial proceedings.
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