Indrapal And Another vs State Of U.P.
2021 Latest Caselaw 1243 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2507 of 2021
 

 
Applicant :- Indrapal And Another
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Ajit Kumar Singh Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.

The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No. 489 of 2020, under Sections 323, 325, 308, 504 of IPC, Police Station Khutar, District Shahjahanpur.

Counsel for the applicants argues that no specific role has been assigned against the applicants. Even from perusal of the medical report, no case can be said to be made out under Section 308 IPC. He further argues that the applicant has no criminal antecedents and he is in custody since 27.10.2020. Learned AGA has not denied the averments with regard to criminal history. He further submitted that there is no possibility of the applicants' fleeing away from the judicial process or tampering with the prosecution evidence or witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. There is nothing on record to demonstrate that if the applicants are enlarged on bail, it would adversely affect the trial of the case.

Per contra, learned A.G.A. has opposed the bail prayer of the applicants.

Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicants are entitled for bail.

Let the applicants Indrapal and Raju involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

1. The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. They will not tamper with the witnesses.

3. They will not indulge in any illegal activities during the bail period.

4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

Order Date :- 20.1.2021

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