Allowed

Nanhe Pal v. State of U.P.

Allahabad HC18 Jan 2019BAIL/2281/2019

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant in a murder and theft case under Sections 302, 201, 394 IPC, and 411 IPC, after noting that the applicant had no criminal history and was summoned as an accused under Section 319 Cr.P.C. The court imposed standard conditions regarding evidence tampering and witness intimidation.

What did the court decide?

Release of applicant Nanhey Pal on bail by furnishing a personal bond and two sureties each in the like amount satisfying the court.

Nanhe Pal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2281 of 2019

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Applicant :- Nanhey Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Virendra Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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This case is being taken up as per order of Hon'ble The Chief Justice vide order dated 17.1.2019.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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According to prosecution case, FIR was lodged against Nanhey Pal, Raffan and Chhatrapal alleging that on 8.11.2015 they assaulted Man Singh(son of first informant) and looted his licensee gun, cartridges and mobile. According to postmortem report, deceased died after sustaining antemortem injuries. After investigation, charge sheet was submitted against one Rajbanshi. Later on, vide order dated 15.4.2017, Nanhey Pal, Raffan @ Jagpal and Chhatrapal were summoned under Section 319 Cr.P.C.

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It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 20.9.2018(about four months) having no criminal history. He has been falsely implicated. He was summoned alongwith co-accused Raffan @ Jagpal and Chhatrapal, under section 319 Cr.P.C. He was exonerated during investigation. Co-accused Rajbanshi and Raffan @ Jagpal have already been granted bail by coordinate Bench of this Court vide orders dated 25.4.2017 & 4.12.2018 passed in Criminal Misc. Bail Application Nos 11543 of 2016 and 46164 of 2018 respectively (Bail orders are annexed as annexure 6 to the bail application). There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made

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out a case for bail. The bail application is allowed.

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Let applicant Nanhey Pal involved in Case Crime No.51 of 2014 under Section 302, 201, 394, 411 IPC, Police Station Tilhar, District Shahjahanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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.

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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.

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

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Order Date :- 18.1.2019 P.P.

Nanhe Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nanhe Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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