Allowed

Mahendra Pal and Another v. State of U.P. and another

Allahabad HC18 May 2022BAIL/13151/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the court considered the request for release on bail for two applicants facing charges under Sections 406, 420, 467, 468, and 471 IPC. The court noted the applicants had no criminal history, were serving as co-accused, and that bail had been granted to other accused persons. Weighing the incarceration period and the bleak prospects of trial conclusi

What did the court decide?

Release of applicants on personal bond and two sureties subject to conditions.

Mahendra Pal and Another Vs State of U.P. and another — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13151 of 2022 Applicant :- Mahendra Pal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dev Raj Singh,Jalaj Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P., Sri Parshu Ram Chaubey, Advocate, who has filed his Vakalatnama on behalf respondent No. 2/Bank, which is taken on record, and perused the record.

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The present bail application has been filed on behalf of the applicants seeking bail in Case Crime No. 499 of 2019, under Sections- 406, 420, 467, 468, 471 IPC, Police Station- C.B. Ganj, District- Bareilly.

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The submission of learned counsel for the applicants is that the applicants are having no criminal history. The applicants are in jail since 13.11.2021 and the possibility of conclusion of trial in near future is extremely bleak. Further submission is that the charge-sheet in the case has been filed, as such, it is not possible for the applicants to tamper with the evidence already available on record or influence the witnesses of prosecution.

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Further submission is that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. The applicants have never committed any offence as alleged in the first information report. Learned counsel for the applicants further submitted that co-accused namely Mahendra Singh, Babu Ram, Peer Khan, Pravesh Kumar and Basantlal have been granted bail by this court vide orders dated 09.02.2022, 24.12.2021, 10.02.2022, 21.12.2021 and 23.12.2021 passed in Criminal Misc. Bail Application Nos. 48242 of 2021, 51947 of 2021, 53873 of 2021, 45654 of 2021 and 54512 of 2021. He further submits that the case of the applicants is similar to that of co-accused, who have already been released on bail, as such, the applicants are also entitled to be released on released on bail.

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Learned A.G.A., on the basis of instructions, and learned counsel for the respondent No. 2 have opposed the prayer for bail but could not dispute the aforesaid aspects of the case including that co-accused have already been released on bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, period of incarceration as also taking note of the fact that coaccused have already been released on bail and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicants- Mahendra Pal and Rajveer be released on bail in aforesaid Case Crime Number on their furnishing personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-

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(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(6) 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.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 18.5.2022 Arun/-

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Digitally signed by ARUN KUMAR GANGWAR Date: 2022.05.18 17:07:52 IST Reason: Location: High Court of Judicature at Allahabad

Mahendra Pal and Another v. State of U.P. and another

Case brief

What is this about?

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Mahendra Pal and Another v. State of U.P. and another

Case brief

What is this about?

What did the court decide?

What the court decided

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