The Court allowed bail to the applicant Nanhe Lal accused in an FIR under IPC sections including 302 and 307, relying on bail parity with a co-accused and the period of detention, without expressing an opinion on the merits.
Release on bail by furnishing personal bond and two local sureties subject to specific conditions of appearance and non-abuse of liberty.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37675 of 2021
Applicant :- Nanhe Lal Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Singh,Jitendra Pal Singh Counsel for Opposite Party :- G.A.,Lallan Verma
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 128 of 2021, under Sections 147, 148, 149, 452, 307, 302 IPC, Police Station - Madhotanda, District - Pilibhit with the prayer to enlarge the applicant on bail.
Against five persons the FIR was lodged including the present applicant Nanhe Lal. It is mentioned therein that the incident took place in night at about 1:00 A.M. on 07.04.2021. The accused persons entered the house and assaulted with pharsa . The complainant's mother died on the spot and injured Shanker Lal, father of the complainant, was rushed to the hospital.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the present accused applicant deserves bail on the ground of parity with co-accused Om Prakash @ Billu who has already been granted bail by another coordinate bench of this Court, vide bail order dated 28.10.2021, passed in Criminal Misc. Bail Application No. 26032 of 2021, a copy whereof submitted by learned counsel for the applicant is taken on record of this bail application. It is further submitted that the role assigned to the present accused is similar to the role assigned to other co-accused who has already been granted bail. It is also submitted that the applicant has no criminal history. It is also argued that the role of causing injuries was assigned to accused Harish Chandra. Lastly, it is argued that the applicant is in jail since 16.04.2021 that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he does not dispute the bail parity of applicant with co-accused.
Keeping in view the submission of learned counsel for the parties, considering the bail parity with co-accused, considering the period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Nanhe Lal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 30.11.2021 LBY
2 issues framed by the court
Whether bail should be granted to the applicant Nanhe Lal given his parity with a co-accused and lack of criminal history.
Whether prima facie a case for bail has been made out in view of the circumstances of the detention and role assigned.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No. 26032 of 2021Relied on¶8
4 provisions across 2 enactments
Nanhe Lal
Ajit Singh J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh J
Parties & counsel
