Allowed

Brahmpal v. State of U.P.

Allahabad HC26 Sept 2023BAIL/17214/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application by Brahmpal in a murder and assault case. The court granted bail citing minor criminal history claims, prompt cooperation with the inquiry, witness repudiation of the prosecution case, and prolonged trial delay jeopardizing speedy trial rights.

What did the court decide?

Release of the applicant on bail on a personal bond and two sureties each, subject to non-interference with witnesses and regular appearance in court.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17214 of 2022

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Applicant :- Brahmpal Opposite Party :- State of U.P.

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Counsel for Applicant :- Krishna Kant Vishwakarma,Ashwani Kumar,Shakil Ahmad

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Counsel for Opposite Party :- G.A.,Manoj Kumar Tripathi,Narendra Kumar,Pavan Kumar,Vinod Kumar Tirpathi

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Hon'ble Ajay Bhanot,J.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.60 of 2022 at Police Station-Badhapur, District-Bijnor under Sections 304, 504 IPC. The applicant is in jail since 25.03.2022.

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The bail application of the applicant was rejected by the learned trial court on 06.04.2022.

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The following arguments made by Shri Shakil Ahmad, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned A.G.A.-I from the record, entitle the applicant for grant of bail:

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The applicant is a law abiding citizen who cooperated in enquiry and has joined the trial proceedings.

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The eye witnesses have repudiated the prosecution case in their testimonies before the learned trial court. However, at this stage the court would not appraise the evidence, as it may prejudice the trial.

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The status report sent by the learned trial court records

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that the prosecution proposes to examine 14 witnesses to bring home the charges against the applicant. However, only three witnesses have been examined till date.

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The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant is not responsible for the delay in the trial proceedings.

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Inordinate delay in concluding trial has lead to an indefinite detention of the applicant without there being any credible evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated.

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The applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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I see merit in the submission of the learned A.G.A.-I that the evidences of the witnesses ought not to be appraised before the learned trial court.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Brahmpal be released on bail in the

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aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 26.9.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Brahmpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Brahmpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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