Allowed

Prathvipal v. State of U.P.

Allahabad HC26 Apr 2022BAIL/12808/2022

Case brief

AI extract

What is this about?

In a bail application under CrPC, the Allahabad High Court allowed the release of the applicant prosecuted for assault and aiding suicide. The court accepted submissions regarding lack of criminal history and falsely implicated oath, allowing bail with sureties and conditions against tampering.

What did the court decide?

Release on bail with personal bond and two sureties subject to standard conditions.

Prathvipal Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12808 of 2022

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Applicant :- Prathvipal Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 0135 of 2021 at Police Station Pailani, District Banda, under Sections 323, 305, IPC. The applicant is in jail since 30.09.2021.

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The bail application of the applicant was rejected by learned Sessions Judge, Banda on 03.02.2022.

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Shri Rajendra Singh Chauhan, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per FIR the applicant had assaulted the deceased. The allegations are incorrect. The deceased is son of the applicant. The applicant had counselled the deceased as a father in the best interests of the latter's future. The applicant has suffered irreparable loss with the death of his son. The applicant did not aid or abet the suicide. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.

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Shri Sunil Kumar Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA for the

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State does not contest that the applicant does not has any criminal history as disclosed in the bail application.

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I see merit in the submissions of learned counsel for the applicant and accordingly 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- Prathvipal 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 below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 condition, the prosecution shall be at liberty to move bail

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cancellation application before this Court.

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Order Date :- 26.4.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.04.29 11:47:22 IST Reason: Location: High Court of Judicature at Allahabad

Prathvipal v. State of U.P.

Case brief

What is this about?

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Prathvipal v. State of U.P.

Case brief

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