Sunil Kumar Pal v. State of U.P

Court No. - 89 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21928 of 2023 Applicant :- Sunil Kumar Pal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey,Vivek Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant Sunil Kumar Pal with a prayer to release the applicant on bail in Case Crime No.33 of 2021, under Sections 406, 420, 467, 468, 471, 506 IPC, Police Station Bithoor, District Kanpur Nagar during pendency of the trial. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case and the main accused Ashish Shukla has already been granted bail by a co-ordinate Bench of this Court. The applicant is marginal witness of the sale-deed. Learned counsel for the applicant next submitted that co-accused Sri Ashish Shukla has been granted bail by the coordinate Bench of this Court in Criminal Misc.Bail Application No.18119 of 2023 vide order dated

24.04.2023. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since

8.03.2023 and in case he is enlarged on bail he will not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeing in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Sunil Kumar Pal, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶1The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶2The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶3The 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. Order Date :- 26.10.2023 SFH High Court of Judicature at Allahabad