Allowed¶10

Neelam v. State of U.P. and 3 Others

Allahabad HC11 Feb 2025CRLP/2340/2025

Case brief

AI extract

What is this about?

short term bail parole convict murder accused Sessions Trial 55 of 2003 Case Crime 91 of 2002 302/149 147 148 307/149 IPC Charthaval Muzaffarnagra Muzaffarnagar son's marriage 18.02.2025 Pankaj Pundir Neelam Birampal Ruliya personal bond two sureties police guard 24 hour vigil surrender CJM 25.02.2025 Registrar Compliance listed 27.2.2025 writ petition Allahabad High Court Mahesh Chandra Tripathi Prashant Kumar AGA G.P. Singh 11.2.2025

What did the court decide?

Grant of short term bail (parole) to petitioner's husband Birampal son of Ruliya from 14.2.2025 to 24.02.2025 to attend his son's marriage on 18.02.2025; CJM, Muzaffarnagar to release him by 14.02.2025 on a personal bond and two sureties of like amount, with police-guard escort under 24-hour vigil during parole and mandatory surrender before the CJM on 25.02.2025. ¶10

Neelam vs State of U.P. and 3 Others — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether short term bail (parole) should be granted to the petitioner's husband Birampal, a convict of Sessions Trial No.55 of 2003 arising out of Case Crime No.91 of 2002 (Ss. 302/149, 147, 148, 307/149 IPC, P.S. Charthaval, District Muzaffarnagar), on account of the marriage of his son to be solemnized on 18.02.2025.

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Court's answer

After considering the averments of the writ petition and the statement of learned AGA-I confirming the factum of the son's marriage on 18.02.2025, the Court held the prayer for grant of parole/short term bail to be convincing.

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Ratio / Principle

The Court granted short term bail (parole) to the petitioner's husband Birampal son of Ruliya, convict of Sessions Trial No.55 of 2003 arising out of Case Crime No.91 of 2002 (Ss. 302/149, 147, 148, 307/149 IPC, P.S. Charthaval, District Muzaffarnagar), for the period from 14.2.2025 to 24.02.2025 only.

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Key takeaways

The Chief Judicial Magistrate, Muzaffarnagar was directed to release Birampal on parole by 14.02.2025 upon his furnishing a personal bond and two sureties of like amount to the satisfaction of the concerned CJM.ratio¶10
The parole was conditioned on Birampal being accompanied throughout the parole period by police guard(s) keeping him under 24-hour vigil, while remaining free to move about to places he wants to go.ratio¶12
At the end of the parole period Birampal was required to surrender before the C.J.M., Muzaffarnagar on 25.02.2025 and be sent back to jail.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 42; Coram: Hon'ble Mahesh Chandra Tripathi, J. and Hon'ble Prashant Kumar, J.; Order Date 11.2.2025) in CRIMINAL MISC. WRIT PETITION No. 2340 of 2025 granted short term bail (parole) to Birampal son of Ruliya — petitioner Neelam's husband — a convict of Sessions Trial No.55 of 2003 arising out of Case Crime No.91 of 2002 u/s 302/149, 147, 148, 307/149 IPC, P.S. Charthaval, District Muzaffarnagar, on account of the marriage of his son Pankaj Pundir fixed for 18.02.2025. Learned AGA-I, on instructions, did not deny the factum of the marriage. Parole was granted for the limited period 14.2.2025 to 24.02.2025; the CJM, Muzaffarnagar was directed to release him by 14.02.2025 on a personal bond and two sureties of like amount, subject to conditions: (i) police guard escort with 24-hour vigil permitting free movement, and (ii) surrender before the CJM, Muzaffarnagar on 25.02.2025 and return to jail. The order was to be intimated through the Registrar (Compliance), a compliance report/certificate was ordered, and the matter was listed again on 27.2.2025.

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2340 of 2025

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Petitioner :- Neelam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Raghuvanshi,Ravikant Shukla Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioner and Sri G.P.Singh, learned AGA for the State.

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The instant writ petition has been preferred for according short term bail to the petitioner's husband, who is convict of Sessions Trial No.55 of 2003 arising out of Case Crime No.91 of 2002 u/s 302/149, 147, 148, 307/149 IPC, P.S.Charthaval, DistrictMuzaffarnagar, on account of marriage of his son, which is to be solemnized on 18.02.2025.

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The writ petition was entertained on 10.2.2025 and learned AGA was accorded time to seek instructions.

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In compliance of the order dated 10.02.2025, learned AGA-I appearing for the State, on the basis of instructions, has not denied the factum of marriage of the son of petitioner, namely, Pankaj Pundir to be solemnized on 18.02.2025.

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Having considered the averments of the instant writ petition as also the statement of learned AGA-I, we are of the view that the prayer for grant of parole/short term bail is convincing.

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Considering the overall facts and circumstances, the petitioner's husband, namely, Birampal son of Ruliya, convicted in Sessions Trial No.55 of 2003 arising out of Case Crime No.91 of 2002 u/s 302/149, 147, 148, 307/149 IPC, P.S.Charthaval, DistrictMuzaffarnagar is granted short term bail (parole) from 14.2.2025 to 24.02.2025 only. The Chief Judicial Magistrate, Muzaffarnagar is directed to release the Birampal son of Ruliya on parole by 14.02.2025 on his furnishing a personal bond and two sureties of like amount to the satisfaction of the CJM, concerned subject to the conditions as under:

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(i) That for the period of parole, Birampal shall be accompanied by

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necessary police guard(s) who shall keep him under 24 hours vigil but he will be free to move about to places that he want to go.

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(ii) that Birampal shall surrender before the C.J.M., Muzaffarnagar on 25.02.2025 and shall be sent back to jail.

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