Allowed

Indrapal @ Mirkhiya v. State of U.P.

Allahabad HC18 Aug 2022BAIL/16445/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Indrapal @ Mirkhiya in a murder case. Citing Dataram Singh, the Court observed that the applicant made out a case for bail, particularly as a co-accused on similar footing had already been released. The applicant was ordered to furnish a bond and two sureties.

What did the court decide?

Release on bail subject to personal bond and two sureties, verified before order issuance, complying with standard bail conditions.

Indrapal @ Mirkhiya Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16445 of 2022

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Applicant :- Indrapal @ Mirkhiya Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Anuj Bajpai, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.501 of 2021, registered under Sections 147, 148, 149, 302 I.P.C., Police Station Maudarwaja, District Farrukhabad during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the FIR. The applicant's name surfaced in the confessional statement of coaccused Azad Yadav. He next argued that Azad Yadav in his statement named six persons, Ram Prakash @ Bhure, the applicant and 4 other persons. The co-accused Ram Prakash @ Bhure has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.15723 of 2022 on 18.07.2022 and the role of the applicant is same as of the coaccused, hence the applicant is also entitled for bail on the ground of same footing. The applicant having one case of criminal history, the same has been explained in para 2 of the supplementary affidavit. The applicant is languishing in jail since 20.12.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Indrapal @ Mirkhiya, who is involved in the aforesaid case 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. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Order Date :- 18.8.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.08.18 17:13:52 IST Reason: Location: High Court of Judicature at Allahabad

Indrapal @ Mirkhiya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Indrapal @ Mirkhiya v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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