Allowed

Rambahadur Pal v. State of U.P. Thru. Prin. Secy Home Lko.

Allahabad HC26 Sept 2024/10300/2024

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application, directing the release of the applicant on a personal bond with two sureties upon presentation of sufficient grounds from the record and comparable bail orders for co-accused.

What did the court decide?

Release of applicant on personal bond and two sureties subject to conditions not to tamper with evidence, pressurize witnesses, and to appear on all dates.

Rambahadur Pal Vs State of U.P. Thru. Prin. Secy Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66798

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Court No. - 19

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10300 of 2024

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Applicant :- Rambahadur Pal Opposite Party :- State Of U.P. Thru. Prin. Secy Home Lko. Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ajeet Kumar, the learned counsel for the applicant, Shri Puneet Kumar Yadav, the learned State Counsel and perused the record.

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By means of the instant application the applicant seeks bail in Case Crime No. 063 of 2023, under Sections 419, 420, 467, 468, 471, 120-B, I.P.C., Police Station Harraiya, District Balrampur.

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The aforesaid case has been registered on the basis of a first information report dated 04.04.2023 against four named accused persons, one Deputy Registrar and an unknown person, not including the applicant, alleging that co-accused Babadeen, in conspiracy with other co-accused persons has got a sale-deed of the informant's land executed in favour of another coaccused Koyla Devi on 01.10.2022. The applicant is said to have executed the sale-deed as an imposter..

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In the affidavit filed in support of the bail application it has been stated that the applicant is innocent, has falsely been roped in the present case and he has criminal history of two cases in similar nature. The applicant is in jail since 07.04.2023.

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Learned counsel has stated that on similar grounds coaccused Gur Bachan has been granted bail by this Court by means of an order dated 04.07.2023 passed in Crl. Misc. Bail Application No. 7616 of 2024. Co-accused Jagat Ram and Koyla Devi have been granted bail by this Court by means of orders dated 07.11.2023 and 09.11.2023 passed in Crl. Misc. Anticipatory Bail Application Nos. 2536 of 2023 and 2605 of 2023 respectively.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the three co-accused persons, including the beneficiary of the sale deed, have already been granted anticipatory bail/ bail; that the applicant has criminal history two cases of similar nature in both of which he has been granted bail and he is languishing in jail since 07.04.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant- Rambahadur Pal be released on bail in the aforesaid Case, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

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[Subhash Vidyarthi,J.]

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Order Date :- 26.9.2024

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-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rambahadur Pal v. State of U.P. Thru. Prin. Secy Home Lko.

Case brief

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Rambahadur Pal v. State of U.P. Thru. Prin. Secy Home Lko.

Case brief

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What did the court decide?

What the court decided

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