Allowed

Satya Pal v. State of U.P.

Allahabad HC27 Jan 2021BAIL/18804/2020

Case brief

AI extract

What is this about?

This judgment granted bail to the accused Satya Pal in a criminal case involving murder, rash hurt, and offences under the Scordact. The court found no clear evidence linking the applicant to the lethal blow and noted parity with co-accused already admitted on bail. Bail was allowed without sureties due to pandemic restrictions.

What did the court decide?

Applicant Satya Pal released on bail by furnishing personal bond and filing undertakings subject to specific conditions.

Satya Pal Vs State of U.P. — Caste Atrocities | Allahabad HC (2021)

¶1

Court No. - 64

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18804 of 2020

¶3

Applicant :- Satya Pal Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.,Kuldeep Johri

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Heard Sri Rahul Saxena, learned counsel for the applicant, Sri Kuldeep Johri, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.

¶6

By means of this application, the applicant who is involved in case crime no.572 of 2019, under Sections 147,148, 149, 304, 323, 325, 308, 504, 506 IPC and Section 3(2)(V) SC/ST Act, P.S. Bisalpur, District Pilibhit. The applicant is languishing in jail since 04.11.2019.

¶7

Contention raised by the counsel that FIR was got registered by one Veer Pal against six named and two unknown persons. Though the applicant is one of the named accused persons but general role has been attributed to give a fatal assault upon the deceased Ram Autar and making two other person injured.

¶8

Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.

¶9

I have perused the 161 Cr.P.C. statements of Guddu and Ram Saran who unequivocally stated that there was a general and omnibus role of assault of every assailants. The deceased has sustained five ante mortem injuries out of which two injuries are on parietal and frontal region and the cause of death is head injury. It is not clearly from the post mortem report and the statements of the injured persons that which is the main assault who has caused the lethal blow upon the deceased. It is informed by the counsel that applicant has got no criminal antecedent to this credit. More over co-accused Kripal, Suresh Chandra and Ram Khilawan were admitted on bail by the coordinate Bench of this Court on different occasions. He further submitted that the role of the applicant is identical to that of co-accused-Kripal, Suresh Chandra and Ram Khilawan. He lastly submitted that the applicant who is in jail since 04.11.2019, is also entitled to be enlarged on bail on the ground of parity.

¶10

Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

¶11

Let the applicant-Satya Pal , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

¶12

(i) THE APPLICANT/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL

¶13

NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

¶14

(ii) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC.

¶15

(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

¶16

(iv) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT/APPLICANTS IS/ARE DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIS/HER/THEIR IN ACCORDANCE WITH LAW.

¶17

(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT/APPLICANTS.

¶18

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

¶20

The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶21

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

¶22

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

¶23

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.

¶24

Order Date :- 27.1.2021

¶25

Abhishek Sri.

Satya Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satya Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Akshan Vs State of U.P.

Nathu Lal Vs State of U.P.

Vijay Pratap Vs State of U.P.

Sunil Kumar Vs State of U.P.

Jugendra Vs State of Up

Serazuddin Vs State of U.P.