Indrapal v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in an OCI case where a co-accused had already been released. The court imposed personal bond and surety conditions while directing cooperation in the trial.
What did the court decide?
Release of applicant on personal bond and two sureties subject to standard bail conditions including appearance before the trial court.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10750 of 2022
Applicant :- Indrapal Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard Shri Salman Ahmad, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.
The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 384 of 2021, under Sections- 9/10 of POCSO Act, Police Station Bhognipur, District Kanpur Dehat.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case. The applicant is having no previous criminal history and is in jail since 24.08.2021.
Learned counsel for the applicant submits that the earlier application of the applicant seeking bail in Case Crime No. 384 of 2021, under Sections 452, 354 IPC and Section 7/8 of POCSO Act, registered as Criminal Misc. Bail Application No. 48107 of 2021, was allowed on bail vide order dated 10.01.2022. It is further submitted that during investigation, the prosecution dropped the Section 7/8 of POCSO Act and added Section 9/10 of POCSO Act. It is further submitted that co-accused Jitendra Pal has already been granted bail by coordinate Bench of this Court vide order dated 18.04.2022 passed in Criminal Misc. Bail Application No. 9561 of 2022. As such, the applicant is entitled to be released on bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail given that a co-accused has already been granted bail.
Whether the conditions for granting bail, including furnishing sureties, are appropriate in the instant case.
Parties & counsel
- applicant
Indrapal
Coram
Saurabh Lavania
Sanjeet Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/10750/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court