Allowed

Ajay Pal Baba v. State of U.P.

Allahabad HC16 Dec 2022BAIL/42288/2022

Case brief

AI extract

What is this about?

High Court Court No. 76 considered Criminal Misc. Bail Application No. 42288 of 2022 filed by Ajay Pal Baba charged with murder under Section 302 IPC. After hearing counsel and examining the record and investigation status, the single judge held it a fit case for bail subject to specific stringent conditions regarding presence and conduct during the trial.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties in like amount, subject to strict conditions of presence in court and prompt trial conclusion.

Ajay Pal Baba Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42288 of 2022

¶3

Applicant :- Ajay Pal Baba Opposite Party :- State of U.P. Counsel for Applicant :- Shambhawi Shukla,Rajrshi Gupta,Sr. Advocate Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shekhar Kumar Yadav,J.

¶5

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶6

Rejoinder affidavit filed today is taken on record.

¶7

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 06 of 2022, under Section 302 IPC, P.S. Khurja Dehath, District Bulandshahr.

¶8

It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further contended that the co accused Sonu, against whom there was a strong motive and also who was brother of the deceased has already been granted bail by this court vide order dated 28.09.2022 passed in Criminal Misc Bail Application No. 17203 of 2022. Applicant is in jail since 08.01.2022 and has no previous criminal history.

¶9

It is further stated that the first informant has been examined as P.W.-1 before the court below and has been declared hostile.

¶10

On the other hand, learned A.G.A. opposes the application for bail.

¶11

He submits that the investigation is now complete and the charge sheet has been filed.

¶12

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

¶13

Let the applicant- Ajay Pal Baba, who is involved in aforementioned 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.

¶14

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶15

(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence,

¶16

without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

¶17

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

¶18

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶19

(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

¶20

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

¶21

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

¶22

Order Date :- 16.12.2022 RavindraKSingh

¶23

Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.12.16 16:36:47 IST Reason: Location: High Court of Judicature at Allahabad

Ajay Pal Baba v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay Pal Baba v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arun Kumar Vs State of U.P. and 3 Others

Mohd Rafey Vs State of U.P.

Sunil Kumar Mishra Vs State of U.P.

Kailashnath Yadav Vs State Of Up Through its Principal Secretary Home

Krishna Kant Vs State of U.P.

Shyamu Vs State of U.P.