Allowed

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

Allahabad HC5 Sept 2024/9504/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Anil Pal in a criminal case under specific BNS and Indian Penal Code sections. The court noted the applicant had no criminal history and was assigned a general role of assault, finding the case fit for enlargement despite injuries.

What did the court decide?

Granted bail in Case Crime No.226 of 2024 subject to personal bond, two sureties, and specific conditions regarding evidence, witnesses, and court attendance.

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

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Neutral Citation No. - 2024:AHC-LKO:61239

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9504 of 2024

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Applicant :- Anil Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.

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Counsel for Applicant :- Suresh Chandra Verma,Praveen Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.226 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 351(3), 288 BNS, P.S. Baghrai, District Pratapgarh.

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Learned counsel for applicant submits that except Ramlochan Pal, the other accused persons have been assigned general role of assault by lathi and danda . Ramlochan Pal has been assigned the role of firing by country made pistol to the complainant. He submits that the applicant is in jail since 11.07.2024. Applicant has no criminal history.

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Learned A.G.A. has opposed the bail application however, does not dispute the fact that three inured have received simple injuries and there are general allegations on all the co-accused persons except Ramlochan Pal.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 11.07.2024 having no criminal history, general role has been assigned to the applicant and the nature of injuries

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received by the injured, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Anil Pal be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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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(v) 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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(vi) 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

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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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Order Date :- 5.9.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

What the court decided

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