Allowed

Indrapal and Another v. State of U.P.

Allahabad HC23 Aug 2022BAIL/32946/2022

Case brief

AI extract

What is this about?

This criminal Misc. Bail Application granted release to applicants Indrapal and Laxman Yadav accused of offences under Section 147 and others of IPC and Prevention of Damages to Public Property Act, allowing bail on personal bond and sureties subject to specific conditions.

What did the court decide?

Bail allowed on furnishing personal bond and two sureties each under specific conditions.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32946 of 2022

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Applicant :- Indrapal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Siddiqui,Bipin Kumar

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Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Bipin Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No.118 of 2022, registered under Sections 147, 354, 353, 504, 506 I.P.C. and Section 3(1) of Prevention of Damages to Public Property Act, Police Station Chakiya, District Chandauli during pendency of the trial.

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Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case due to ulterior motive. The applicant No.2, Laxman Yadav, is not named in the FIR. The allegation in the FIR that the applicants have destroyed the Khasra Register. The dispute arose on account of demarcation of the boundary, as a consequence thereof, the present FIR has been lodged. He next argued that the applicants' have not destroyed khasra register. Co-accused have been granted anticipatory bail. The applicants having no previous criminal antecedents. The applicants are languishing in jail since 08.07.2022. In case, the applicants are released on bail, they 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 applicants.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case 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 , the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicants, namely, Indrapal and Laxman Yadav, who are involved in the aforesaid case crime, be released on bail on

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

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The applicants shall co-operate in the trial sincerely without seeking any adjournment.

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The applicants 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 :- 23.8.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.08.23 17:13:58 IST Reason: Location: High Court of Judicature at Allahabad

Indrapal and Another v. State of U.P.

Case brief

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Indrapal and Another v. State of U.P.

Case brief

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