Allowed

Ashok Pal v. State of U.P.

Allahabad HC21 Sept 2023BAIL/10464/2023

Case brief

AI extract

What is this about?

The Allahabad High Court submitted a bail application dismissed false allegations of murder and body disposal. The court held that while pre-trial innocence cannot be adjudged, the applicant made a case for bail due to lack of direct evidence and readiness to cooperate.

What did the court decide?

Applicant released on bail on personal bond and two heavy local sureties subject to conditions of presence, no adjournment seeking, and specific procedural undertakings.

Ashok Pal Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:183838

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10464 of 2023

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Applicant :- Ashok Pal Opposite Party :- State of U.P. Counsel for Applicant :- Rajpal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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

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The prosecution story in brief is that there is an allegation against the applicant that he after committing murder of Ram Asasre Pal alias Gareba, had thrown away his dead body in the well. Learned counsel for the applicant submits that the first informant of the case is a village chaukidar of another village. He further submits that the applicant has been implicated merely on the ground that the deceased had earlier sold the land and was again selling the land, which was objected by the applicant being his nephew. He further submits that neither there is any direct evidence against the applicant nor there is an independent eye witness against the applicant to show that the applicant has committed the offence. Learned counsel has thus argued that the applicant has been falsely implicated merely on the ground of suspicion being nephew of the deceased when in fact, the applicant is not a beneficiary from the land of the deceased. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false

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implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 02.11.2022 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve 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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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Ashok Pal involved in Case Crime No.263 of 2022 under Sections 302, 201 I.P.C., Police Station Malwan, District Fatehpur, be released on bail on furnishing a personal bond and two heavy 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 and 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

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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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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

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

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Order Date :- 21.9.2023

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Ashok Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashok Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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