Birbal v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53567 of 2022 Applicant :- Birbal Opposite Party :- State of U.P. Counsel for Applicant :- Pragati,Amit Kumar Pandey,Archana Jha,Manoj Kumar Singh,Shaili Ganguly Counsel for Opposite Party :- G.A.,Thakur Prasad Dubey Hon'ble Sameer Jain,J.

¶1Heard Smt. Shaili Ganguli, learned counsel for the applicant, Sri Thakur Prasad Dubey, learned counsel for the informant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 216 of 2019, under Sections 304, 323, 504 IPC, Police Station-Bilari, District-Moradabad, during pendency of the trial in the court below.

¶3Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on .02.12.2020 by this Court and she is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant, co-accused Brijpal has been enlarged on bail by co-ordinate Bench of this Court and case of applicant is at par with him. She further submitted that applicant is facing trial under Section 304 IPC and he is in jail since 24.06.2019 i.e. for more than four years.

¶4Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court but both the counsels could not dispute the fact that applicant is facing trial under Section 304 IPC and he is in jail for more than four years and co-accused Brijpal has been released on bail after rejection of the first bail application of the applicant and case of applicant is at par with him in view of the FIR and the statement of the witnesses recorded during investigation.

¶5I have heard learned counsel for the parties and perused the record of the case.

¶6Although, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court on merit but it appears that after rejection of the first bail application of the applicant, co-accused Brijpal has been released on bail by co-ordinate Bench of this Court and case of applicant is at par with him.

¶7Further, applicant is facing trial under Section 304 IPC and he is in jail since 24.06.2023 i.e. for more than four years.

¶8Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant-Birbal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶11In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶12It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 16.10.2023 KK Patel High Court of Judicature at Allahabad