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Amarpal vs State Of U P

High Court Of Judicature at Allahabad|28 July, 2021
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JUDGMENT / ORDER

Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28711 of 2020 Applicant :- Amarpal Opposite Party :- State of U.P.
Counsel for Applicant :- Ravendra Singh,Alka Upadhyay,Mandvi Tripathi,Rakesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Amarpal, in Case Crime No. 108 of 2019, under Section 302 IPC, Police Station Chandaus, District Aligarh.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 13.9.2019 ; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; informant was not eye-witness account of occurrence; she had said in first information report, lodged after considerable delay, that information of this occurrence was given to her by her younger sister Bharti, then after, she had rushed on the spot and Bharti had said that her husband Rahul and present applicant did this assault, resulting injury. Subsequently, death of deceased Arjun, but Rahul, under same circumstances and accusation, has been enlarged on bail by co- ordinate Bench of this Court in Criminal Misc. Bail Application No. 9861 of 2020; accusation against applicant is of lessor degree than Rahul because he is not the family member of deceased and quarrel was said to occur inside family by its members who have been named in first information report. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents; he is languishing in jail since 13.9.2019 and co-accused has been enlarged on bail having same accusation.
Having heard and gone through materials placed on record, it is apparent that report was delayed and was got lodged on 29.8.2019 for occurrence of 17.8.2019. Accused Rahul has already been enlarged on bail as above who is with same accusation; present applicant is of no criminal antecedents; he is in jail since 13.9.2019.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Amarpal , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.7.2021 Ravi Prakash
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Title

Amarpal vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 July, 2021
Judges
  • Ram Krishna Gautam
Advocates
  • Ravendra Singh Alka Upadhyay Mandvi Tripathi Rakesh Kumar Singh