Allowed

Indra Pal v. State of U.P.

Allahabad HC2 May 2018BAIL/16399/2018

Case brief

AI extract

What is this about?

This bail application was filed by Indra Pal, a 61-year-old male accused of offences under Sections 376, 504, and 506 IPC. The applicant surrendered on 05.04.2018 and was detained. The court, noting his age and illness, held that he made a fit case for bail and granted release subject to sureties and conditions.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties with strict conditions regarding court attendance and evidence filing.

Indra Pal Vs State of U.P. — Domestic Violence | Allahabad HC (2018)

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Court No. - 54

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16399 of 2018

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Applicant :- Indra Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Mahesh Prasad Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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By means of this application, the applicant who is involved in case crime no. 373 of 2014, under Sections 452, 504, 506, 376 IPC, P.S. Chhaprauli, District- Baghpat is seeking enlargement on bail during the trial.

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Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that the present FIR was registered by the victim herself on 07.09.2014. After the investigation the police has submitted the final report in the matter which was contested by the complainant by filing a protest petition. The protest petition was allowed and the present applicant was summoned by the learned Magistrate. Thereafter on 05.04.2018 the applicant has surrendered before the court. It is further submitted by the learned counsel for the applicant that applicant is aged about 61 years suffering from throat cancer whereas the age of victim is 33 years. She is a married lady and in order to settle score with him, she has falsely roped the present applicant Indra Pal in the case. It has lastly been urged that the applicant is in jail since 05.04.2018.

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Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

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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 merits of the case, I am of the view that the applicant has made out a fit case for bail.

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Let the applicant Indra Pal , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE

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EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

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(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST THE HIM/HER IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

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Order Date :- 2.5.2018 Nisha

Indra Pal v. State of U.P.

Case brief

What is this about?

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Indra Pal v. State of U.P.

Case brief

What is this about?

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