Jagat Pal v. State of U.P.
Case brief
What is this about?
High Court granted bail to Jagat Pal, an accused in a murder case, relying on substantial time served, co-accused bail orders, and Supreme Court precedents on bail pending appeal, imposing strict appearance and conduct conditions.
What did the court decide?
Release on bail after executing personal bond and two sureties with strict conditions including appearance on specific dates and prohibition of criminal activity.
What the court decided
Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7839 of 2020
Applicant :- Jagat Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,J.B. Singh,Vivek Chandra Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Ashok Kumar Singh, learned counsel for the applicant, Ms. Rafia Farooqui, learned Additional Government Advocate for the State and perused the record.
The applicant, Jagat Pal has moved the present bail application seeking bail in Case Crime No.23 of 2020 under Sections 324,504,302 I.P.C., Police-Station Sadarpur, District Sitapur.
Learned counsel for the applicant submits that as per the First Information Report, the prosecution story,in brief, is that on 24.01.2020 at about 7.00 p.m., the co-villager Kaju was abusing in drunken state which was objected by the mother of the complainant, namely, Mayawati and niece Parvesh of the complainant. Upon this, the accused persons with common intention have started assaulting to them with lathi, danda and Sariya, as a result of which the mother of the complainant has sustained injury upon her head and died on the spot and the niece Parvesh of the complainant has also sustained injuries, who has been rushed at Mahmoodabad Hospital for treatment and the dead body of the mother of the complainant was lying on the spot. Thereafter on 24.01.2020 at about 22.15 hours an inquest proceedings was got conducted by the police in presence of panchan witnesses, in which the place of lying dead body of Mayawati was shown in front of the house of applicant, Jagat Pal. On 25.01.2020 the dead body of the deceased, Mayawati was subjected to postmortem examination in which the Autopsy Surgeon has found only on lacerated wound on left side of the skull of the deceased and opined cause of death due to coma as a result ante mortem head injury.
Issues for consideration
3 issues framed by the court
Whether to grant bail to the applicant charged under Sections 302, 324, 504 IPC given the duration of detention and substantial period of imprisonment already undergone.
Whether parity in bail orders granted to co-accused persons entitles the applicant to similar relief.
Whether the applicant satisfies the conditions necessary for bail release under Article 21 read with precedent.
Parties & counsel
- appellant
Jagat Pal
- respondent
State of U.P.
Coram
Shamim Ahmed
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- /7839/2020
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