Allowed

Nittar @ Netrapal v. State of U.P.

Allahabad HC22 Nov 2021BAIL/23510/2021

Case brief

AI extract

What is this about?

This order grants bail to the applicant in an offense under IPC Sections 147, 148, 149, 323, 504, 506, 307. The court noted frivolous allegations and jail overcrowding due to the pandemic as grounds for allowing bail on a personal bond and two sureties.

What did the court decide?

Applicant Nittar @ Netrapal released on bail by furnishing a personal bond and two sureties each in like amount.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23510 of 2021

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Applicant :- Nittar @ Netrapal Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.,Bal Krishna Pandey,Swati Agrawal Srivastava

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Hon'ble Ajay Bhanot,J.

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Heard Shri Ashok Kumar Singh, learned counsel holding brief of Sri Pushpendra Singh, learned counsel for the applicant, Sri Anupam Anand, learned brief holder for the State and Sri Bal Krishna Pandey, learned counsel for the complainant.

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A first information report was lodged against the applicant as Case Crime No.0089 of 2021 at Police Station-Kakod, District-Bulandshahr on 02.04.2021 under Sections 147, 148, 149, 323, 504, 506, 307 IPC.

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The bail application of the applicant was rejected by learned Incharge Sessions Judge, Bulandshahr on 18.05.2021.

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The applicant is in jail since 10.05.2021, pursuant to the said F.I.R.

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Shri Ashok Kumar Singh, learned counsel holding brief of Sri Pushpendra Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The role of

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strangulation by angochha is attributed to the applicant. However, the injury report discloses that only a minor injury in the form of abrasion exists on the front of the neck region. Other allegations are general in nature. The applicant has satisfactorily explained his criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Nittar @ Netrapal involved in Case Crime No.0089 of 2021 at Police StationKakod, District-Bulandshahr under Sections 147, 148, 149, 323, 504, 506, 307 IPC, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 22.11.2021 Ashish Tripathi

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Digitally signed by Justice Ajay Bhanot Date: 2021.11.22 18:44:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Nittar @ Netrapal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nittar @ Netrapal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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