The High Court allowed the bail application of Akhilesh Pal @ Maya, accused in a murder case under IPC Sections 302/201. Relying on parity with a co-accused already granted bail, the court adjusted his case made out for bail.
Applicant allowed bail to be fungles in the sum of two sureties in each six months personal bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8520 of 2018
Applicant :- Akhilesh Pal @ Maya Opposite Party :- State Of U.P. Counsel for Applicant :- Purushottam Dixit,Anurag Shukla,Bhavisya Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri V.K. Maurya,learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against Suraj Singh and Akhilesh Pal @ Maya alleging that on 19.4.2017 they came to the house of complainant and took away Vipin Kumar @ Major(son of complainant) with them on the pretext to return the money which was Rs.2,00,000/-. Next day, his dead body was found in the tank. According to postmortem report, he received three antemortem injuries and died due to head injury.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 24.4.2017(more than one year and ten months) having no criminal history. He has been falsely implicated. Co-accused Suraj Singh has already been granted bail by coordinate Bench of this Court vide order dated 21.12.2018 passed in Criminal Misc. Bail Application No.46326 of 2018 (Bail order produced during argument is taken on record), applicant's case is identical to him and he is also entitled to bail on the ground of parity.There is general allegation against both the accused. There is no independent witness. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
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 and his case is identical to co-accused Suraj Singh who has been granted bail by this Court.
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 out a case for bail. The bail application is allowed.
Let applicant Akhilesh Pal @ Maya involved in Case Crime No.189 of 2017, under Section 302,201 IPC, Police Station Friends Colony, District Etawah 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:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 11.3.2019 P.P.
1 issue framed by the court
Whether the applicant is entitled to bail considering his lack of criminal history and the identical bail granted to a co-accused on the same charges.
Akhilesh Pal @ Maya
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
