Allowed

Bramhanand Pal v. State of U.P.

Allahabad HC12 Apr 2023BAIL/59447/2022

Case brief

AI extract

What is this about?

The Allahabad High Court in Criminal Misc. Bail Application No. 59447 of 2022 allowed bail for Bramhanand Pal, charged under IPC sections 420, 467, 468, and 471. Despite the applicant's criminal history and allegations of falsehood, the Court granted bail citing Article 21 rights, the need for speedy trial, and jail overcrowding, subject to strict conditions including personal bonds from the appli

What did the court decide?

Bail granted on temporary self and two surety bonds subject to verified residence and identity proof.

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

¶1

Court No. - 85

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59447 of 2022

¶3

Applicant :- Bramhanand Pal Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶6

There is allegation in the first information report that the land vested in state has been mutated in the name of co-accused persons by the applicant while working as Lekhpal as well as Registrar Kanoongo in Tehsil.

¶7

Learned counsel for the applicant submits that the applicant has not been assigned any work after April, 2016. The mutation proceedings were done on the basis of the report submitted by the subordinate staff. There is remedy available under U.P. Revenue Code, 2006 for setting aside the wrong entries and implication in criminal case is not justified. Applicant has criminal history of three cases of similar nature and one case under the Gangster Act. He is in jail since 02.11.2022.

¶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 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, Bramhanand Pal , involved in Case Crime No.105 of 2018, under Sections 420, 467, 468, 471 I.P.C, Police Station Ghiror, DistrictMainpuri 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

¶13

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.

¶14

(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.

¶15

(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.

¶16

(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.

¶17

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.

¶18

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

¶19

Order Date :- 12.4.2023 SS

¶20

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

Bramhanand Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bramhanand 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

Parties & counsel

Coram

Case details

Similar cases

Mahendra Bhar Vs State of U.P.

Monu Vs State of U.P.

Jeetu Khan Vs State of U.P. and Another

Kasif Vs State of U.P.

Patara @ Uday Pratap Singh Vs State of U.P.

Gautam Sah Vs State of U.P.