Chandra Pal vs State Of U.P.
2012 Latest Caselaw 81 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8856 of 2012
 

 
Petitioner :- Chandra Pal
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Awadhesh Kumar Srivastava
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. and perused the record.

Learned counsel for the applicant submitted that the  applicant was falsely implicated in the present case along with the co-accused. As per allegation the applicant and co-accused Shaukin was armed with country made pistol.  However, no firearm injury was found.  The role of firearm causing injury was assigned to the co-accused Parmi and Sarvan. The prayer for bail of co-accused Shaukin has already been allowed by another bench of this Court. However he is in jail since 2012.2012.

Learned counsel for the applicant further submitted that if the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A.  and learned counsel for the complainant opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on merit, let the applicant  Chandra Pal be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 2202 of 2011 under sections 147, 148, 149, 302 I.P.C. PS. Swar, District Rampur  with the following conditions:

1) The applicant will not tamper with the evidence.

2) The applicant will not pressurise/intimidate the prosecution witness

3) The applicant will appear before the court concerned on the date fixed.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and to take the applicant into custody.

Order Date :- 9.4.2012

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