Allowed

Anurag Pal v. state of U.P. Thru. Secy. Home

Allahabad HC5 Feb 2024BAIL/1285/2024

Case brief

AI extract

What is this about?

The Hon'ble High Court allowed the second bail application of Anurag Pal arrested for murder. Considering prolonged pre-trial detention, no criminal antecedents, and lack of expression on merit by a coordinate bench, the court enlarged him on bail with conditions.

What did the court decide?

The applicant, Anurag Pal, was released on bail in FIR No. 0867 of 2019 per Sections 302, 201 IPC by furnishing a personal bond with two sureties of Rs. 20,000/- each.

Anurag Pal vs state of U.P. Thru. Secy. Home — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36032

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1285 of 2024

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Applicant :- Anurag Pal Opposite Party :- State Of U.P. Thru. Secy. Home Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned Counsel for the applicant and Shri Manish Vikram Singh Chauhan, learned A.G.A. and perused the record.

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This is second bail application filed on behalf of the applicant. The first bail application was dismissed by a Co-ordinate Bench of this Court vide order dated 31.10.2022.

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Learned counsel for the applicant has argued that in terms of the F.I.R., the F.I.R. was registered against unknown persons alleging that the son of the informant was killed by some unknown persons. Subsequently, the applicant was linked with the offence in question based upon the statement of the last seen theory and his confessional statement. It also appears from the record that as per the prosecution, the applicant and the victim had intoxicated whereafter the offence in question was committed by the applicant. He further argued that out of 19 witnesses, only seven witnesses have been examined so far. The cross examination of P.W.-7 is going on. It is further argued that the applicant is in custody since 20.9.2019 and has no criminal antecedents. Hence, the applicant may be enlarged on bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the fact that the applicant was linked with the offence in question based upon the

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last seen theory and only seven witnesses have been examined so far, there is no likelihood of the trial being concluded in near future and the fact that the applicant has prolonged pre trial detention in jail since 20.9.2019 having no criminal history, without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the second application is allowed.

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Let the applicant Anurag Pal be released on bail in Case Crime/ FIR No.0867 of 2019, under Sections 302, 201 I.P.C., Police Station Madiyawan, District Lucknow on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: -

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 9.5.2024

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Shukla

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

Anurag Pal v. state of U.P. Thru. Secy. Home

Case brief

What is this about?

What did the court decide?

Anurag Pal v. state of U.P. Thru. Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

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