Allowed

Jaipal and Another v. State of U.P.

Allahabad HC27 Apr 2022BAIL/52268/2021

Case brief

AI extract

What is this about?

This High Court allowed a bail application filed by Jaipal and Virendra. Relying on Article 21 and the judgment in Dataram Singh, the court found that the applicants made out a prima facie case for bail. They were released on bond with strict conditions to appear in court and not tamper with evidence.

What did the court decide?

Release of applicants Jaipal and Virendra on bail on personal bond and sureties.

Jaipal and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52268 of 2021

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Applicant :- Jaipal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A.,Rahul Yadav

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for the applicants, learned counsel for informant, learned A.G.A. for State and perused the record.

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Learned counsel for the applicants contended that the applicants are innocent and they have been falsely implicated in the present case. It is further submitted that in the kidnapping of Satish, one F.I.R. has been lodged bearing as Case Crime No. 192/2014, under Sections 364, 506, 120B I.P.C. by informant Chandrakesh against five accused namely Ashok, Honey, Amar Singh, Subedar, Jai Singh. After investigation final report has been filed by the police thereafter protest application has been filed and the said five accused persons have been summoned for trial by the trial court and that case is also pending before the competent court.

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Later on in the year 2017, a complaint case has been filed by Indrawati, W/o Satish (kidnapped person) against Chandrakesh, Anil, Amod, Jaipal and Virendra. After the statement of complainant and witnesses, above five accused have been summoned by the trial court and the proceeding of this complaint case has been stayed by co-ordinate Bench of this Court vide order dated 13.09.2018 passed in Application under Section 482 Cr.P.C. No. 29433/2018 by which till the next date of listing further proceedings of the said complaint case shall remain stayed.

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Thereafter Jaipal and Virendra have been arrested on 06.09.2021 though the order of staying in complaint case is still effective as alleged. Applicant has no effective role in the said incident. The applicant undertakes that in case applicant is released on bail, he will not misuse the liberty of bail. The applicants are in custody since 06.09.2021.

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Per contra, learned counsel for informant and learned A.G.A. opposed the prayer for bail and submitted that accused Virendra is live convicted and he is on bail. Applicant Jaipal has criminal history of one case and applicant Virendra has criminal history of two cases.

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Keeping in view the nature of the offence, evidence on record regarding

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complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of 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 of bail. Hence, the bail application is hereby allowed.

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Let the applicants Jaipal & Virendra be released on bail in Complaint Case No. 1187/2017, under Sections 364, 120-B I.P.C., P.S.- Civil Lines, District- Budaun, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicants will not indulge in any unlawful activities.

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(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.

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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 27.4.2022 Sharad/-

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Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.04.28 09:55:18 IST Reason: Location: High Court of Judicature at Allahabad

Jaipal and Another v. State of U.P.

Case brief

What is this about?

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Jaipal and Another v. State of U.P.

Case brief

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