Allowed

Indra Bahadur Pal v. State of U.P.

Allahabad HC3 Apr 2023BAIL/8636/2023

Case brief

AI extract

What is this about?

This order grants bail on a criminal miscellaneous application to Indra Bahadur Pal, who was in judicial custody. The court found the applicant had made out a case for bail, considering the nature of the offence and the bail granted to a co-accused, without expressing an opinion on the merits.

What did the court decide?

Release of Indra Bahadur Pal on bail on furnishing a personal bond with two sureties under specific conditions.

Indra Bahadur Pal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8636 of 2023

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Applicant :- Indra Bahadur Pal Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Mohiuddin Siddiqui,Ziya Uddin

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R. and his name has come into light during the course of investigation. It is next contended that the applicant is not involved in the crime as alleged in the F.I.R. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is further submitted that there is no independent witness of the recovery that has been shown against the applicant. It is further submitted that co-accused Arjun Bind @ Arjun Singh Bind has been granted bail by the coordinate Bench of this Court vide order dated 04.01.2023 passed in Criminal Misc. Bail Application No. 55553 of 2022 and the applicant is also entitled for bail. It is further submitted that all the criminal history of the applicant is of the year 2022 and the same has been explained in para no. 16 of the affidavit filed in support of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.05.2022.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, trial is not likely to be concluded in near future, grant of bail to

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the co-accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Indra Bahadur Pal involved in Case Crime No. 88 of 2022, under Sections 379, 411, 413, 414, 419, 420, 467, 468, 471, 477-A, 489, 120-B I.P.C., Police Station Kotwali, District Prayagraj be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 3.4.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Indra Bahadur Pal v. State of U.P.

Case brief

What is this about?

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Indra Bahadur Pal v. State of U.P.

Case brief

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