Allowed

Inderpal v. State of Up and Another

Allahabad HC11 Jun 2020BAIL/13511/2020

Case brief

AI extract

What is this about?

In this bail application, the court noted that the applicant was implicated in an attempted rape case based on family motives. Observing no medical report and prior appellate guidance, the court allowed bail without expressing an opinion on the merits.

What did the court decide?

Applicant released on bail by signing personal bond and furnishing two sureties each in the required amount.

Inderpal Vs State of Up and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13511 of 2020

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Applicant :- Inderpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

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Heard Sri Atul Kumar, counsel for the applicant and learned A.G.A through Video Conferencing.

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Initially an application was filed under Section 156(3) Cr.p.C by the complainant on 15.07.2017 which was treated as complaint case. The applicant and the other co-accused persons were implicated in this case on the allegation that the complainant was married to Raju, who is son of Birbal who was alcoholic. All the accused persons want to grab her residential house and the applicant along with co-accused, Janardhan, tried to rape her on 31.05.2017. She has made other allegations also in the complaint. The statement of the complainant and the witnesses were recorded and thereafter the applicant has been summoned for facing trial.

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It has been submitted by the counsel for the applicant that the applicant has been falsely implicated in this case. He is brotherin-law ( nandoi) of the complainant who was mediator in the marriage of the complainant with Raju. There is no medical report of the victim. The appellant has no criminal history to his credit. He has been implicated only because of being nandoi of the complainant. Applicant is in jail since 19.02.2020.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 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.

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Let the applicant, Inderpal , who is involved in Complaint Case

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No. 3120/9 of 2017(Smt. Veena Rani Vs. Inderpal and Others) Under Section 452, 376 I.P.C. Police Station- New Mandi, District- Muzaffar Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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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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Order Date :- 11.6.2020 Rohit

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.06.11 17:09:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Inderpal v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Inderpal v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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