Allowed

Pappu @ Vinod Goyal v. State of U.P.

Allahabad HC11 Feb 2019BAIL/4735/2019

Case brief

AI extract

What is this about?

This judgment grants bail to applicant Pappu @ Vinod Goyal in a murder case under Sections 302/307 IPC. The court found it a fit case for bail without commenting on merits, subject to furnishing a bond and sureties and complying with specified conditions regarding trial attendance and lawful conduct.

What did the court decide?

Release of applicant on bail with personal bond and two sureties subject to conditions of trial attendance, no tampering, and no unlawful activities.

Pappu @ Vinod Goyal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4735 of 2019

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Applicant :- Pappu @ Vinod Goyal Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Deepak Kumar Yadav,Rahul Singh Dahiya

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Hon'ble Harsh Kumar,J.

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Heard Sri Sunil Kumar, learned counsel for applicant, Sri Rahul Singh Dahiya, learned counsel for first informant, learned A.G.A. and perused the record.

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Learned counsel for applicant contended that applicant has been falsely implicated being father of co-accused Mohit, Ashu, and Gopal; that applicant did not participate in incident in question; that in F.I.R. general and common role of causing injuries to deceased and two others has been assigned to all the accused persons without specifying any role to applicant; that coaccused Mohit has been granted bail by this Court vide order dated 10.1.2019 passed in Criminal Misc. Bail Application No.488 of 2019, copy filed at Annexure No.9; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 13.6.2018.

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Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail.

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Upon hearing learned counsel and 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.

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Let the applicant Pappu @ Vinod Goyal be released on bail in Case Crime No. 309 of 2018, under Sections 147, 148, 149, 307, 302,34 IPC, P.S. Jhangirabad, District Bulandshahar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and

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in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 11.2.2019 Tamang

Pappu @ Vinod Goyal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pappu @ Vinod Goyal v. State of U.P.

Case brief

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