Bablu Pal vs State Of U.P. And Another
2021 Latest Caselaw 6273 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL APPEAL No. - 146 of 2021
 

 
Appellant :- Bablu Pal
 
Respondent :- State Of U.P. And Another
 
Counsel for Appellant :- Dinesh Kumar Singh
 
Counsel for Respondent :- G.A.,Vinay Kumar Singh
 

 
Hon'ble Pankaj Bhatia,J.

Heard counsel for the parties and perused the record.

The present appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 3.12.2020 whereby the bail application filed by the appellant has been rejected.

Counsel for the appellant argues that the appellant was not named in the FIR as is clear from the perusal of the FIR and was subsequently named in the statement made by the co-accused. He argues that, in sum and substance, the allegations are that by use of force, the Will was got executed from the mother of the informant in favour of one Arvind Kumar Verma. He states that an application for cancellation of the Will have been moved by the mother of the informant so far. He further argues that the main beneficiary of the Will, the accused Arvind Kumar Verma has already been enlarged on bail vide order dated 18.12.2020 and one of the other co-accused has also been enlarged on bail by this Court.

Considering the fact that the main accused, who is beneficiary of the Will, has been enlarged on bail by this Court and the appellant is in custody since 28.10.2020, and there is nothing on record to demonstrate that if the appellant is enlarged on bail, it would in any way affect the trial adversely, the appeal deserves to be allowed. The appeal is, accordingly, allowed and the impugned judgment and order dated 3.12.2020 passed in Crl. Misc. Bail Application No. 36 of 2020 is set aside.

Let the appellant Bablu Pal involved in Case Crime No. 780 of 2020, under Sections 364A, 323, 504, 506 IPC and 3 (2)(5) SC/ST Act, Police Station Kotwali Orai, District Jalaun be released on bail on his 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 appellant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. The appellant will not tamper with the witnesses.

3. The appellant 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.

Order Date :- 15.6.2021

vinay