Allowed

Gulab Pal v. State of U.P.

Allahabad HC23 Jan 2023BAIL/51845/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application challenging complicity in a murder case involving assault causing death, the Single Judge held that considering patent delays, jail overcrowding, and Article 21, the applicant made out a case for bail without expressing an opinion on merits.

What did the court decide?

Applicant released on personal bond and two sureties, subject to conditions including no tampering with evidence and presence for trial milestones.

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

¶1

Court No. - 73

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51845 of 2022

¶3

Applicant :- Gulab Pal Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard Sri Tripurari Pal, learned counsel for the applicant and learned A.G.A. for the State.

¶6

First information report was lodged against unknown accused under Section 307 I.P.C alleging that some unknown accused entered into the house of the applicant and caused injuries on head of his wife, as a result of which she become unconscious. She was taken to the hospital where she died.

¶7

Learned counsel for the applicant submits that the husband of the deceased expressed apprehension against co-accused, Satya Narayan. Police arrested the Satya Narayan and his confessional statement was recorded by the police wherein he named the applicant as the person who gagged mouth of the deceased and co-accused, Satiram, caused injuries of the head of the deceased, as result of which she become unconscious and subsequently died. Learned counsel for the applicant further submits that the applicant has been falsely implicated in this case. No role has been assigned to him except gagging mouth of the deceased which cannot be read against him at this stage. Applicant is in jail since 03.08.2022.

¶8

Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

¶9

Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10

Let the applicant, Gulab Pal, involved in Case Crime No.260 of 2022, under Section 302 I.P.C, Police Station Jhangha, District- Gorakhpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶11

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

¶12

(ii) 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.

¶13

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

¶14

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.

¶15

(v) 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.

¶16

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

¶17

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

¶18

Order Date :- 23.1.2023 SS

¶19

Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Gulab Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulab Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rohan Vs State of U.P.

Smt. Urmila Devi Vs State of U.P.

Pradyumn Singh Vs State of Up through Sec. Home and 3 Others

Kale @ Sahab Singh Vs State of U.P.

Sudama @ Anuruddha Singh Vs State of U.P. and 3 Others

Surendra Kumar Vs State of U.P. and 3 Others