Allowed

Hari Nath Pal and Another v. State of U.P.

Allahabad HC11 Jan 2018BAIL/1306/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 1306 of 2018, the court granted bail to Hari Nath Pal and Brajesh Pal in a case under Section 436 IPC. The applicants alleged false implication and lack of prior criminal record. The court held them entitled to bail based on the evidence and reformative punishment theory, imposing standard conditions.

What did the court decide?

Released on bail with personal bond and two sureties each, subject to conditions.

Hari Nath Pal and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 23

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1306 of 2018

¶3

Applicant :- Hari Nath Pal And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Sen Pal,Akhilesh Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicants and Sri Ashvani Kr. Yadav, learned A.G.A. appearing for the State.

¶6

It has been submitted by the learned counsel for the applicants that the applicants has been falsely implicated in the present case due to ulterior motive. It is further submitted that earlier the applicants has lodged the N.C.R. against the complainant and as a counter blast present first information report has been lodged. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they is ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 3.11.2017. It has been pointed out that the applicants have no previous criminal history.

¶7

Learned A.G.A. opposed the prayer for bail.

¶8

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicants are entitled to be released on bail in this case.

¶9

Let the applicants Hari Nath Pal and Brajesh Pal involved in Case Crime No.983 of 2017, under Section 436 I.P.C., Police Station Rampur, District Jaunpur be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

¶10

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

¶11

They will not tamper with the witnesses.

¶12

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

¶13

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

¶14

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

¶15

Order Date :- 11.1.2018 Dev/-

Hari Nath Pal and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hari Nath Pal and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Satendra Singh Alias Lala Vs State of U.P.

Naushad Vs State of U.P.

Tarkeshwar Nath Chaubey Vs State of U.P.

Chandan Vs State of U.P.

Son @ Sagun Singh Kushwaha Vs State of U.P.

Ichcha Ram Vs State of U.P.