Allowed

Ompal v. State of U.P.

Allahabad HC1 Sept 2020BAIL/20467/2020

Case brief

AI extract

What is this about?

This High Court allowed the bail application of Ompal, an accused in a case involving forgery and criminal trespass. The court cited the spread of coronavirus and the Supreme Court judgment in Dataram Singh while permitting release subject to a personal bond and future sureties.

What did the court decide?

Released on bail on personal bond and two sureties; cooperation with trial and no tampering with evidence.

Ompal Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20467 of 2020

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Applicant :- Ompal Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. .

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The allegation in the First Information Report is that some unknown persons entered into the house of the informant and tried to take away his buffalo and when two persons in the house protested firing was made on them.One buffalo was stolen in the vehicle.It is submitted that applicant has been falsely implicated in this case. He has been named by the husband of one injured Sunita.No incriminating article has been recovered from him nor any test identification parade was conducted.The applicant is in jail since 11.6.2020.The applicant has criminal history of four cases has been explained in paragraph-13 of the affidavit filed in support of application.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, 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, Ompal, who is involved in Case Crime No. 223 of 2020, under Section 459 I.P.C, Police Station-Wazirganj , District- Budaun, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the

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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 :- 1.9.2020 Atul kr. sri.

Ompal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ompal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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