Allowed

Harpal and Another v. State of U.P.

Allahabad HC6 Nov 2019BAIL/47286/2019

Case brief

AI extract

What is this about?

The court granted bail to applicants Harpal and Shareef in a cow slaughter case. Relying on the principle of parity with a co-accous named Jeeshan who was recently released, the court ordered their release subject to bond, sureties, and specific conditions regarding trial attendance and conduct.

What did the court decide?

Applicants Harpal and Shareef to be released on bail by executing a personal bond and furnishing two sureties each, subject to various conditions.

Harpal and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47286 of 2019

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Applicant :- Harpal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Pawankumar Dubey, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicants who are involved in Case Crime No. 429 of 2019, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station- Bahjoi, District- Sambhal, and are in jail since 15.09.2019, are seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicants that similarly placed co-accused, Jeeshan , has already been enlarged on bail by this Court by order dated 06.11.2019 passed in Criminal Misc. Bail Application No. 47276 of 2019. He further submitted that since the role of the applicant is identical to that of co-accused, Jeeshan , who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has vehemently been opposed by learned A.G.A.

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Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.

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In view of the above, let the applicants, Harpal and Shareef , be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 429 of 2019, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station- Bahjoi, District- Sambhal with the following conditions :-

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the

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investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against the under Section 229-A of the Indian Penal Code;

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In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 6.11.2019 Rohit

Harpal and Another v. State of U.P.

Case brief

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Harpal and Another v. State of U.P.

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