Tejpal v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in a criminal trial proceeding, noting the assignment of a vague general role and absence of criminal antecedents, despite opposition from the State.
What did the court decide?
The applicant to be released on bail on furnishing a personal bond and two sureties subject to appearing on fixed dates and not tampering with evidence or pressuring witnesses.
What the court decided
Neutral Citation No. - 2023:AHC:186788
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38037 of 2023
Applicant :- Tejpal Opposite Party :- State of U.P. Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A.,Rajesh Yadav
Hon'ble Vivek Varma,J.
- Supplementary affidavit filed by counsel for applicant is taken on record. It has been asserted in para 11 of the supplementary affidavit that the applicant has no criminal history apart from the instant case.
- Heard learned counsel for the applicant, Shri Rajesh Yadav, counsel for informant and learned A.G.A. for the State-opposite party.
- The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 142 of 2023, under Sections 147, 307, 323, 324, 504, 506 I.P.C., Police Station- Kaanth, District- Moradabad, during the pendency of the trial.
- Learned counsel for the applicant submits that applicant has been falsely implicated in the instant case. Six persons including the applicant are nominated in the first information report. A vague and general role has been assigned to the applicant. Co-accused Mahipal Singh having identical role has been granted bail by this Court vide order dated 26.07.2023 passed in Criminal Misc. Bail Application No. 30179 of 2023. The applicant has no criminal history. The applicant is in jail since 08.06.2023 and if he is
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail considering the vague role assigned and the co-accused with identical role already granted bail.
Whether the State has established reasonable apprehension of evidence tampering or witness intimidation by the applicant.
Parties & counsel
- applicant
Tejpal
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/38037/2023
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