Allowed

Netra Pal v. State of U.P.

Allahabad HC9 Oct 2023BAIL/46896/2018

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the second bail application of an applicant incarcerated for over eight years in a murder case based on circumstantial evidence, releasing him on bonds despite the pendency of trial.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties in like amounts subject to conditions of appearance, non-interference, and no criminal activity.

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

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Neutral Citation No. - 2023:AHC:194318

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46896 of 2018

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Applicant :- Netra Pal Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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None appeared on behalf of the applicant even in revised call, however, learned AGA for the State is present.

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On the basis of report of the jailer concerned dated 20.9.2023, Ms. Abhilasha Singh was appointed as counsel for the applicant from the Panel of the High Court Legal Services Committee. Ms. Abhilasha Singh is present along with learned A.G.A.

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Heard Ms. Abhilasha Singh, learned counsel for the applicant and Sri Ghanshyam Mishra, learned brief holder of the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 282 of 2015, under Sections 364, 396, 201, 412 IPC, Police Station Mujariya, District Badaun during pendency of the trial in the court below.

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Learned counsel appearing on behalf of the High Court Legal Services Committee submits that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court on 29.1.2018 vide order dated 29.1.2018 passed in Criminal Misc. Bail Application No. 1963 of 2018 (Netra Pal Vs. State of U.P.).

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She next submits that it is case of circumstantial evidence and

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applicant is in jail since 7..10.2015 in the present matter i.e. for more than eight years and till date trial of the case is not concluded.

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She further submits that as per the allegations, on the pointing out of the applicant skeleton of the deceased was recovered. She next submits that except the recovery on the pointing out of the applicant, there is no evidence against the applicant on record and skeleton of the deceased could only be identified on the basis of the clothes of the deceased.

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She next submits that considering the long incarceration of the applicant i.e. of more than eight years, he should be released on bail.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that it is a case of circumstantial evidence and applicant is in jail for last more than eight years

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I have heard learned counsel for the parties and perused the record of the case.

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Although, this is the second bail application filed by the applicant but it is a case of circumstantial evidence and applicant is in jail for more than eight years.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Netra Pal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the

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following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 9.10.2023

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Aiman

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Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad

Netra Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Netra Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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