Allowed

Bhavar Pal v. State of U.P.

Allahabad HC14 Mar 2022BAIL/14651/2021

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant charged with offences under Sections 413, 414, 420, 467, 468, and 471 of the IPC. Relying on Dataram Singh, the Court held it a fit case for bail subject to a personal bond and two sureties, ordering the applicant to appear for trial and prohibiting tampering with witnesses.

What did the court decide?

Released on bail subject to personal bond and two sureties; conditions include attending trial, not tampering with witnesses, and not indulging in illegal activities.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14651 of 2021

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Applicant :- Bhavar Pal Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari,Saurabh Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused- applicant is involved in Case Crime No. 17 of 2021, under Section 413, 414, 420, 467, 468, 471 I.P.C. Police Station Kalan, District- Shahjahanpur.

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It is argued by the learned counsel for the applicant that whatsoever has been recovered that is said to have recovered from the possession of co -accused Manoj Kumar and Anuj @ Sanoj @ Yadubeer who have already been bailed out. Bail orders of the aforesaid co-accused have been appended with supplementary affidavit. The applicant was not arrested on the spot. Criminal history of five cases has been shown against the applicant it is argued that he is on bail in all the five cases. Hence, the prayer for bail is made.

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Per contra learned A.G.A. has opposed the prayer of bail of the applicant.

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From perusal of the first information report, it is clear that the present accused was not apprehended on the spot. Nor he is shown to be absconded from the spot. Rather his name is said to have come into light in the statements of co-accused Manoj Kumar and Aunj who have already been released on bail. Criminal history of five cases has been shown against the applicant and in all the five cases he is said to be on bail.

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Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and

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another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it a fit case for bail.

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Let the applicant Bhavar Pal involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail

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Order Date :- 14.3.2022 Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.03.14 16:37:07 IST Reason: Location: High Court of Judicature at Allahabad

Bhavar Pal v. State of U.P.

Case brief

What is this about?

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Bhavar Pal v. State of U.P.

Case brief

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