Allowed
Om Pal v. State of U.P.
Allahabad HCBAIL/44049/2019
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from the order text
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Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44049 of 2019
Applicant :- Om Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Om Pal in connection with Case Crime No. 126 of 2019 under Sections 392 I.P.C., P.S. Qadar Chowk, District Budaun.
The FIR was lodged by the complainant with the allegation that the father of the complainant namely Arvind Kumar Singh, on 12.06.2019 at 1:30 am., at night was resting in the farmhouse, some unknown persons armed with a gun and lathi came in the farmhouse of father of the complainant and had beaten him. It is further alleged that the father of the complainant in self defence hit, one of the robbers on face and one another robbers got himself injured in leg while attacking my father and looted Rs. 1.75 lakhs.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that nothing incriminating material has been recovered from the possession of the applicant. He submitted that the name of the applicant has surfaced during investigation on the suspicion and the applicant was surrendered before the Court on 22.08.20109. He submitted that the applicant is languishing in jail since 22.08.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Om Pal involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 22.10.2019 M. ARIF
Om Pal
State Of U.P.
Ajit Singh
As recorded by the court registry
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