Hon'ble High Court of Judicature at Allahabad, Lucknow Bench, allowed a bail application filed by the accused in a criminal case where he was assigned a general role and has no prior criminal history.
The applicant Anil Pal was released on bail by furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:61239
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9504 of 2024
Applicant :- Anil Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.
Counsel for Applicant :- Suresh Chandra Verma,Praveen Kumar Singh 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.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.
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.
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.
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
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.
Accordingly, the bail application is allowed .
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:
(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 :- 5.9.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the accused, having no criminal history and assigned a general role, should be granted bail?
Anil Pal
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
