Bail application under IPC sections including 302 and Arms Act in a stabbing-murder case. Court granted bail considering the applicant's prolonged incarceration since February 2023, absence of any recovery from him, and parity with a similarly placed co-accused already granted bail.
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Neutral Citation No. - 2024:AHC-LKO:13378
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 80 of 2024
Applicant :- Manish Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vijay Kumar,Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.354 of 2023, under Sections 147, 148, 149, 302, 34 I.P.C. & Sections 4/25/27 Arms Act, P.S. Kotwali Nagar, District Pratapgarh.
It is alleged in the F.I.R. that informant is having enmity with one Sangeeta Verma. On 09.06.2023 the buffalo of Sangeeta grazed his paddy crop which was objected by the deceased Anil Kumar. Upon then Sangeeta threatened him to kill. Yesterday on 11.06.2023 at 11:15 hours Yogesh Pal called upon Anil Kumar from his home and along with other five co-accused persons badly stabbed him from knives and killed him and also looted one golden chain and ring. After some time, informant went to the roof and saw that accused persons after committing the murder of the deceased have thrown him on the road and were running. It is alleged that informant saw the accused persons running.
Learned counsel for applicant submits that applicant was not having any enmity with Sangeeta. Statement of the informant only shows that at the best he saw the accused persons running. There is no recovery from the applicant. He also submits that co-accused Akhilesh Kumar Pal who was assigned the similar role has been enlarged on bail by this Court vide order dated 16.01.2024 passed in Criminal Misc. Bail Application No.13756 of 2023. Applicant seeks parity with the bail order of co-accused Akhilesh Kumar Pal (supra). He submits that the applicant is in jail since 19.02.2023.
Learned A.G.A. has opposed the bail prayer.
On due consideration to the submissions advanced, perusal of
the record as also the fact that the applicant is languishing in jail since 19.02.2023, there is no recovery from the applicant as also the fact that applicant seeks parity with the bail order of Akhilesh Kumar Pal (supra), without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant Manish 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:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(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.
(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.
(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.
(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 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.
Order Date :- 13.2.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the accused-applicant should be enlarged on bail in a murder case given no recovery from him and parity with a co-accused already granted bail.
5 provisions across 3 enactments
Manish Pal
State Of U.P. Thru. Prin. Secy. Home Lko.
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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