Allahabad High Court
Surendra Pal vs State Of U.P. on 9 June, 2017
Bench: Om Prakash-Vii
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19383 of 2017
Applicant :- Surendra Pal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharique Ahmed
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant is innocent and has not committed the present offence. It is further submitted that co-accused Shiv Prasad Pal has been granted bail by this Court on 31.1.2017 vide Criminal Misc. Bail Application No. 1444 of 2016. Role assigned to the applicant is distinguishable with the role of co-accused only in the manner that Shiv Prasad Pal was living separately. It is next submitted that applicant himself lodged the F.I.R. During investigation the applicant was implicated in the matter on the basis of suspicion. Further the postmortem report shows that cause of death of the deceased was due to strangulation. There is no evidence at all to connect the applicant with the cause of death of the deceased. Till date no prosecution witness has been examined. Entire prosecution case rests on the basis of presumption. There is no sufficient evidence for raising presumption against the applicant for committing the present offence. Lastly, it is submitted that he is languishing in jail since 2.6.2014 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Surendra Pal involved in Case Crime No. 330 of 2014, under Section 302 IPC, P.S. Barra, District Kanpur Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not leave the country without prior permission of the court below and passport, if any, be surrendered.
2. The applicant will not tamper with the evidence during the trial.
3. The applicant will not pressurize/ intimidate the prosecution witness.
4. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
5. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
6. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 9.6.2017
A. Singh
