Allowed

Kunwarpal and 2 Others v. State of U.P.

Allahabad HC8 Apr 2022BAIL/5146/2022

Case brief

AI extract

What is this about?

The Criminal Misc. Bail Application was allowed. Considering that over two years have passed since the first rejection and the confinement period nearly matches the maximum punishment awardable, the court granted bail despite prior adverse orders and a prior conviction in an unrelated matter.

What did the court decide?

Release of Kunwarpal, Nar Singh, and Ranveer on bail with a personal bond and two sureties each, subject to specific reporting and conduct conditions.

Kunwarpal and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 38

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5146 of 2022

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Applicant :- Kunwarpal And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Sanjive Kumar Gupta, learned counsel for the applicants and learned AGA for the State as also perused the material placed on record.

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This is the second bail application by the applicants who are under trial. While rejecting the first bail application, the main consideration that had weighed with the Court as appears from the order dated 18.12.2019 were the fact that the applicants had absconded for more than one and half year from the date of the FIR being lodged. Second, the applicant were found to be earlier convicted under Section 307 IPC.

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At present, almost two years and three months have passed, since the first bail application was rejected. The applicants have remained confined for two years and five months against maximum punishment awardable seven years.

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As to the criminal history, it has been further stated, the applicants were enlarged on bail in appeal that is still pending. In any case, that occurrence was unrelated to the present case and one as had occurred long time back. Accordingly, the present applicants are found entitled to bail, at this stage.

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In view of the above, without expressing any opinion on the final merits of the case, let the applicants - Kunwarpal, Nar Singh and Ranveer , involved in Case Crime No. 207 of 2018, under Sections 147, 148, 149, 323 354, 452, 504 and 506 IPC, Police Station - Wajirganj, District - Budaun, be released on bail, on their furnishing a personal bond and two sureties each

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in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

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(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(iv) The applicants shall intimate to the Police Station - Wajirganj, District - Budaun their alternative addresses, if any, and their current mobile phone numbers as also another number of such person who may be contacted on behalf of the applicants if their mobile phone is not reachable, for any reason.

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(v) Upon their release, the applicants shall report at Police Station - Wajirganj, District - Budaun once every month i.e. last Saturday beginning 30.04.2022 after sunrise and before sunset. They shall update the information/personal details as above periodically at such visits. Records of their visits be maintained properly at the concerned police station.

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In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

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Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 8.4.2022 Abhilash

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Digitally signed by ABHILASH SINGH Date: 2022.04.08 19:03:42 IST Reason: Location: High Court of Judicature at Allahabad

Kunwarpal and 2 Others v. State of U.P.

Case brief

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Kunwarpal and 2 Others v. State of U.P.

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