Allowed

Chandra Pal v. State of U.P.

Allahabad HC27 Jan 2020BAIL/3930/2020

Case brief

AI extract

What is this about?

This bail application was filed challenging charges of murder and assault. The court, without expressing an opinion on the merits, observed that similarly placed co-accused had been granted bail and directed the release of the applicant.

What did the court decide?

Released on bail on personal bond and two sureties with conditions to not tamper with evidence, intimidate witnesses, and appear in court.

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

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Court No. - 54

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3930 of 2020

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Applicant :- Chandra Pal Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 121 of 2019, S.T. No.157 of 2019, u/s 323, 504, 302, 336, 325, IPC, P.S. Rendhar, District Jalaun with the prayer for enlarging him on bail.

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The First Information Report of this incident was got lodged by complainant Rudra Pratap against five persons Pappu @ Rajkumar, Deepak, Shivam, Raj Bahadur and Chandra Pal. It was alleged in the FIR that on 14.09.2019 at about 05:30 P.M. when complainant was sitting in front of the door of his uncle's house, co- accused Pappu parked his tractor on the chabutara of the uncle of complainant Kishan Pal and when Pappu was asked not to do so, then, an altercation took place and co-accused Pappu started committing mar-pit with complainant's uncle and nephew of co-accused Pappu came with iron rod in his hand and assaulted the uncle of complainant and due to assault the uncle of complainant died on the way to hospital.

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Learned counsel for applicant has submitted that accused is quite innocent and has been falsely implicated in this case. He has further submitted that accused and complainant side are members of same family and accused side has also suffered injuries, which have not been explained by the prosecution. It is also submitted by learned counsel for applicant that there is a cross version of this incident registered as Case Crime No. 169 of 2019. Further submission is that all the injuries suffered by deceased and other injured are simple in nature except one injury which caused on the head of deceased by alleged accused Deepak. Lastly, it was argued by the learned counsel for applicant that there is no specific role assigned to the present accused and act of assaulting the deceased with iron rod was assigned to co-accused Deepak. It is contended that co-accused Pappu and Shivendra Singh @ Shivam, whose case stands at par with the applicant, have been granted bail by the coordinate

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Bench of this Court in Bail Application no. 57111 of 2019 vide order dated 3.1.2020 and in Bail Application No.1209 of 2020 vide order dated 14.1.2020 respectively.

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Learned A.G.A. has opposed the prayer for bail. However he could not dispute that similarly placed co-accused have been granted bail.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

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Let the applicant Chandra Pal involved in the aforesaid case crime number 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 with the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii)The applicant will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 27.1.2020 T. Sinha

Chandra Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandra Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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