Indal v. State of U.P.
Case brief
What is this about?
Court granted bail to applicant Indal in murder case (S. 302 IPC) finding him a fit case despite opposition, while noting grant of bail to a co-accused and severity of punishment.
What did the court decide?
Applicant released on personal bond and two sureties subject to conditions of attendance, cooperation in trial, and non-interference with evidence.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4560 of 2019
Applicant :- Indal Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Shri Rahul Kumar Pandey, Advocate has filed Vakalatnama on behalf of complainant, same is taken on record.
Heard learned counsel for the applicant, learned A.G.A., Shri Rahul Kumar Pandey, learned counsel for the complainant and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated; that the case of the applicant is identical to co-accused Jitendra, who has been granted bail by this Court vide order dated 18.1.2019 passed in Criminal Misc. Bail Application No.2390 of 2019, copy produced for perusal is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 7.9.2018.
Learned A.G.A. and learned counsel for the complainant opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is a fit case for grant of bail considering his complicity, severity of punishment, and grant of bail to a co-accused.
Whether the applicant should be released on bail subject to given conditions.
Parties & counsel
- applicant
Indal
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/4560/2019
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