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Netrapal vs State Of U P

High Court Of Judicature at Allahabad|30 April, 2019
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JUDGMENT / ORDER

Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18275 of 2019 Applicant :- Netrapal Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submits that six country made pistol 315 bore and one 12 bore pistol are alleged to have been recovered from the possession of the applicant and his brother Veerpal, which are planted. Learned counsel for the applicants also submitted that similarly placed co-accused Veerpal, who was also apprehended along with the applicant, has been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 15801 of 2019 vide order dated 16.4.2019. The applicant is languishing in jail since 26.2.2019. Criminal history have been explained by the learned counsel for the applicant in paragraph Nos. 10 and 11 of the affidavit filed in support of the bail application. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Netrapal, involved in case crime No. 46 of 2019, under Section 5/25 of the Arms Act, PS Kadarchowk, district Budaun, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.4.2019 Ishrat
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Title

Netrapal vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 April, 2019
Judges
  • Krishna Pratap Singh
Advocates
  • Bharat Singh