Allowed

Prempal v. State of U.P.

Allahabad HC25 Jan 2023BAIL/57059/2022

Case brief

AI extract

What is this about?

This single-judge bail order allows the applicant, Prempal, a husband accused of offenses under Sections 307 and 498A IPC. The High Court accepted his claim of no injury to the victim during hospitalization and released him on bond and sureties, noting the opponent could not satisfactorily dispute his submissions.

What did the court decide?

Release on personal bond and two local sureties on conditions including appearing in court and not tampering with evidence.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57059 of 2022

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Applicant :- Prempal Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.,Jayendra Kumar Mishra

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Sri Vikas Sahai, learned A.G.A. for the State and Sri Jayendra Kumar Mishra, counsel for the informant.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 235 of 2022, under Sections 307, 498A I.P.C., Police Station- Dauki, District- Agra, during pendency of the trial.

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It is contended that the applicant has been falsely implicated in the instant case. The applicant is the husband of the victim. The victim was admitted in the hospital on 3.10.2022 and discharged on 4.10.2022. The victim was admitted in the hospital for diagnostic test. As per the discharge card the victim has not received any injury. The applicant does not have any criminal history and is in jail since 27.10.2022. In case, he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Prempal involved in the aforesaid case be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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the applicant shall not temper with the prosecution evidence;

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the applicant shall not pressurize the prosecution witness;

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the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 25.1.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Prempal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prempal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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