Allowed

Prempal v. State of U.P.

Allahabad HC9 Jun 2021BAIL/13575/2021

Case brief

AI extract

What is this about?

This bail application was allowed in a case involving severe charges of conspiracy, attempt to murder, and affray. The High Court granted bail to the applicant noting that co-accused were already released and the allegations were general. Standard bail conditions regarding conduct and presence were imposed.

What did the court decide?

Applicant released on bail by executing a personal bond and furnishing two sureties.

Prempal Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13575 of 2021

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Applicant :- Prempal Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath,Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Pankaj Kumar Sharma

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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The core contention raised on behalf of the applicant is that in this case both the sides have lodged first information reports for the same incident. However, the report made by the applicant side was not registered, therefore application under Section - 156 (3) Cr.P.C. was moved, which was treated as complaint. The informant side also has two injured. In fact, it was a sudden fight, wherein 14 persons were involved from the applicant side and few others from the informant side. Allegations are general and not specifically applicable to anyone of the accused. Similarly circumstanced other co-accused - Teetu and Kishori have already been admitted to bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 8391 of 2021 (Teetu vs State of U.P.) and 8362 of 2021 (Kishori vs. State of U.P.) on 5.2.2021. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 30.08.2020.

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Learned A.G.A. has opposed prayer for bail.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Prempal involved in Case Crime No. 121 of 2020, under Sections - 147, 148, 149, 307, 302, 504, 506, 120-

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B I.P.C., Police Station - Sikandarpur Vaishya, District - Kasganj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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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 computer generated copy of such order shall be self attested by counsel of the party concerned.

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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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 9.6.2021 S Rawat

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Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.11 16:57:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Prempal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prempal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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