Allowed

Veerpal v. State of U.P.

Allahabad HC16 Dec 2022BAIL/57387/2022

Case brief

AI extract

What is this about?

This High Court allowed a bail application filed by Veerpal accused under Sections 302/32 IPC in a murder case. The court held that the applicant had made out a prima facie case, finding the role of exhortation assigned to him by the FIR. Bail was granted subject to personal bond, local sureties, and undertaking regarding appearance and non-interference with witnesses.

What did the court decide?

Bail allowed by furnishing personal bond and two local sureties with undertaking to appear in court and not seek adjournments.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57387 of 2022

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Applicant :- Veerpal Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Bharat Singh, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Veerpal with a prayer to release him on bail in Case Crime No.177 of 2022, under Sections 302/32 I.P.C., Police Station-Mujaria, District-Badaun, during pendency of trial.

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The FIR has been filed by the father of the deceased against the applicant, his son and two unknown persons alleging therein that the applicant alongwith his son and two other unknown persons have assaulted the deceased. It has also been alleged that the applicant's son has shot fire on the head of the deceased, which has resulted in his death.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that as per the statement under Section 161 Cr.P.C., the role of exhortation has been assigned to the applicant. The injury which has resulted in death of the deceased has been assigned to applicant's son. The applicant is languishing in jail since 04.10.2022. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Keeping in view the nature of the offence, evidence, complicity

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of the accused, severity of punishment, submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant-Veerpal involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

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(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, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(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. is issued and the 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 of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 16.12.2022 A. Pandey

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Digitally signed by ANAND PANDEY Date: 2022.12.19 13:08:08 IST Reason: Location: High Court of Judicature at Allahabad

Veerpal v. State of U.P.

Case brief

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Veerpal v. State of U.P.

Case brief

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