Allowed

Trimal v. State of U.P.

Allahabad HC24 Jun 2021BAIL/14760/2021

Case brief

AI extract

What is this about?

Criminal Court No. 66 granted bail to Trimal, an accused in Case Crime No. 201 of 2020 for offences under various IPC sections, noting similar charges and prior bail of co-accused, subject to personal bond, sureties, and strict conditions regarding trial attendance and non-tampering.

What did the court decide?

Released on bail on furnishing personal bond and two sureties, subject to conditions of trial attendance and non-tampering.

Trimal Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14760 of 2021

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Applicant :- Trimal Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.,Pawankumar Dubey,Sanjeev Kumar Pandey

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Hon'ble Pradeep Kumar Srivastava,J.

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Learned counsel for the applicant and learned counsel for the informant are virtually connected through video conferencing and learned A.G.A. is personally present in Court for the hearing of this case.

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Learned counsel for the applicant submits that he has already filed supplementary affidavit. This fact has been admitted by the learned A.G.A. and he has placed the copy of aforesaid supplementary affidavit before the Court. The same is taken on record.

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Heard learned counsel for the parties.

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The present bail application has been filed by the applicant Trimal with a prayer to enlarge him on bail in Case Crime No. 201 of 2020, under Sections 147, 452, 323, 504, 506, 427, 304, 34 I.P.C., Police Station Sidhpura, District Kasganj.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that in the supplementary affidavit, bail order of Avnish is annexed on page no. 8 in which there is reference of bail order passed in Criminal Misc. Bail Application No. 21537 of 2021 in respect of co-accused Sarvesh Kumar, who has also been released on bail by this Court. Further submission is that the case of the present accused-applicant is on similar footing as the offence bas been said to have committed by the use of lathi

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and danda and a general role has been assigned to all six named accused persons. Out of six accused persons two have already been released on bail. Therefore, the case of the present accused-applicant is also on the similar footing. The accusedapplicant is prepared to furnish the surety and bond and is giving undertaking that he will cooperate in trial. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 22.10.2020, hence, he is entitled to bail.

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Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has already filed charge sheet in the matter. It has been pointed out that this fact is not disputed that the first information report has been lodged with the general allegations as no deadly weapon has been used in the commission of the offence.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also the fact that there are general allegations against all the accused persons and two co-accused persons with similar role have already been released on bail by this Court, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 24.6.2021 sailesh

Trimal v. State of U.P.

Case brief

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Trimal v. State of U.P.

Case brief

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