Allowed

Brahma Pal v. State of U.P.

Allahabad HC16 Sept 2020BAIL/24507/2020

Case brief

AI extract

What is this about?

In a bail application under Section 302 and 120-B IPC for alleged conspiracy in a murder case, the court allowed bail noting the lack of direct evidence, conspiracy only without overt acts, and uncorroborated extra-judicial confession against the applicant.

What did the court decide?

Applicant released on bail upon executing personal bond and furnishing two sureties; bail subject to conditions including filing of affidavit within 15 days of swearing resumption.

Brahma Pal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24507 of 2020

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Applicant :- Brahma Pal Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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This application has been entertained without an affidavit on account of the extraordinary contingency created by the Covid-19 pandemic where the travel is restricted. This Court notices a fact that there is a declaration by the applicant that he will file an affidavit. This order is being passed, therefore, subject to a certain condition in this regard.

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This is an application for bail on behalf of the applicant, Brahma Pal in connection with Case Crime No. 330 of 2019, under Section 302, 120-B IPC, Police Station Mirapur, District Muzzaffar Nagar.

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Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.

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The submission of the learned Counsel for the applicant is that he has been implicated in the present crime with a patently false allegation where his daughter has been shot to death. The sons of the applicant were accused in the murder case of one Kuldeep and were in jail. It is submitted by the learned counsel for the applicant that the applicant's daughter was done to death at the instance of Kuldeep's family and the applicant reported to the police. The police in connivance with Kuldeep's family framed the applicant saying that he entered into a conspiracy with

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a shooter Vijay @ Dhadu to cause a minor gun shot injury to his daughter, the deceased Reena so that members of Kuldeep's family could be implicated in a case under Section 307 IPC and then that would be made a bargaining point to win freedom for the applicant's sons. The FIR relating to the incident was lodged by the applicant nominating Pradeep, Monu, Jony and Chhotu @ Rockey, all kinsmen of Kuldeep. It is urged that the police gave a different turn by falsely recording an extra judicial confession of Vijay @ Dhadu. The shooter ascribed a role of conspiracy to injure the deceased by employing a firearm so as to implicate Kuldeep's relatives. Now, it is submitted that it was a blind murder, where the applicant has been implicated in his daughter's murder with a case of conspiracy based on uncorroborated accomplice testimony, if that becomes so, in the witness box. There is no other evidence against the applicant, direct or indirect, gathered during investigation. It is also pointed out that the applicant has no criminal history and is in jail since 08.11.2019.

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Learned A.G.A. has opposed the bail plea.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the role assigned to the applicant is of conspiracy with no over act assigned, the fact that the evidence against the applicant is of an extra judicial confession made to the police which may, for the most, become uncorroborated accomplice testimony in the witness box, the fact that the applicant has no criminal

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history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.

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The bail application, accordingly, stands allowed .

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Let the applicant, Brahma Pal in connection with Case Crime No. 330 of 2019, under Section 302, 120-B IPC, Police Station Mirapur, District Muzzaffar Nagar be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the Trial Court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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

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(vii) The computer generated copy of such order shall be

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self attested by the counsel of the party concerned.

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(viii) 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 default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.

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It is made clear that in case, an affidavit in support of this application duly sworn is not filed, as declared, within 15 days of resumption of swearing of affidavits, the bail granted to the applicant shall be cancelled.

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Order Date :- 16.9.2020 Deepak

Brahma Pal v. State of U.P.

Case brief

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What did the court decide?

Brahma Pal v. State of U.P.

Case brief

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