Allowed

Prithvi Pal Pasi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC6 Nov 2024/11571/2024

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 11571 of 2024, the Court granted bail to an applicant falsely implicated in a property dispute, noting the FIR was lodged as a counter-blast without medical corroboration.

What did the court decide?

Applicant released on bail upon furnishing a personal bond and two sureties with conditions regarding appearance and no misuse of liberty.

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

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Neutral Citation No. - 2024:AHC-LKO:73275

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11571 of 2024 Applicant :- Prithvi Pal Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Neeraj Singh, learned counsel for the applicant and Sri Alok Singh, learned AGA for the State.

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As per learned counsel for the applicant, the present applicant is in jail since 24.08.2024 in Case Crime No.202 of 2024, under Section 64(1) of BNS, 2023, Police Station – Bihar, District – Unnao.

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Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. The victim is old aged lady of 65 years and the present applicant is a middle aged person of 47 years. The entire prosecution story is false and misconceived inasmuch as the present applicant has not committed any offence and the medical examination report (Annexure No.7) does not corroborate the allegations of the FIR. On account of property dispute, the impugned FIR has been lodged against the applicant. One complaint has been filed by the applicant on 22.08.2024 before the S.H.O. concerned against the prosecutrix and her family members making request that FIR may be lodged against the accused persons under IPC and SC/ST Act. As a counter-blast of the aforesaid complaint dated 22.08.2024, the impugned FIR has been lodged next day on 23.08.2024. The present applicant is having no prior criminal history of any kind whatsoever. Further submission is that the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

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Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the victim is old aged lady of 65 years and the present applicant is a middle aged person of 47 years; the medical examination report does not corroborate the allegations of the FIR; as a counter-blast to the complaint

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being filed by the applicant on 22.08.2024 before the S.H.O. concerned, the present FIR has been lodged on the next day i.e. 23.08.2024; the applicant is having no prior criminal history of any kind whatsoever and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

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Accordingly, the bail application is allowed .

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Let applicant- Prithvi Pal Pasi be released on bail in the aforesaid case crime number on his furnishing a personal bond and 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 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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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

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(iv) 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.

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(v) The applicant shall not leave India without previous permission of the court.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 6.11.2024 /RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Prithvi Pal Pasi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Prithvi Pal Pasi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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