Allowed

Rajesh Pal v. State of U.P.

Allahabad HC21 Oct 2022BAIL/34906/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Rajesh Pal in a case involving assault. The applicant was charged with attempted murder and criminal trespass. The court noted the injury was minimal and the applicant had no prior record, granting bail subject to a personal bond and two sureties.

What did the court decide?

Release on bail on personal bond and two reliable sureties subject to standard conditions of not tampering with evidence or influencing witnesses.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34906 of 2022

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Applicant :- Rajesh Pal Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.,Ankit Singh

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Manvendra Singh, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State, Shri Balveer Singh, advocate holding brief of Shri Ankit Singh, the learned counsel for the informant and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 91 of 2022, under Sections 307, 504, 506 I.P.C., P.S. Chandpur, District Fatehpur.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 3005-2022 at 16:52 hours alleging that in the night of 29-05-2022 the applicant's daughter had come to the informant's son at about 12:45 and she was sitting with the informant's son and was talking to him. The applicant reached there and assaulted the informant's son with an axe and when the applicant's daughter raised a hue and cry, the applicant assaulted her also.

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The medico-legal examination report of the injured person mentions only one lacerated wounds on his occipital region.

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The applicant's daughter was also examined and she had a wound on her hip.

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During investigation, statement of one Ram Pratap, who is the brother of the informant, was recorded and he stated that the applicant had come to him during the night and he stated that his nephew was there with the informant's daughter and the witness went with the applicant to verify it. Both of them saw that the applicant's daughter was hiding under a cot and the informant's son was also there.

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In the statement of the applicant's daughter recorded during investigation, she also stated that she was there with the informant's son during night and his father reached there, he hit with an axe and thereafter he himself made a phone call to the police.

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8.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 31-05-2022.

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9.The learned counsel for the informant has opposed the prayer for grant of bail and he has stated that the informant's son has received serious injuries in the incident and it is apparent from the record that consent had been sought before

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his treatment cautioning that the matter was serious.

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10.Having considered the aforesaid facts and submissions and keeping in view the fact that it is apparent form the material available on record that the informant's son was there with the applicant's daughter during night time and that apparently this led to an altercation in which the informant's son and the applicant's daughter had received injuries; that only a single blow has been made to the informant's son and there is no allegation of any repetitive blows and also keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 31-05-2022, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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11.Let the applicant - Rajesh Pal be released on bail in Case Crime No. 91 of 2022, under Sections 307, 504, 506 I.P.C., P.S. Chandpur, District Fatehpur on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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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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12.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 21.10.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.21 15:58:03 IST Reason: Location: High Court of Judicature at Allahabad

Rajesh Pal v. State of U.P.

Case brief

What is this about?

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Rajesh Pal v. State of U.P.

Case brief

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