Pushpendra Pal v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50271 of 2023 Applicant :- Pushpendra Pal Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 478 of 2023, under Sections 147, 148, 149, 307 I.P.C, Police Station-Kannauj, District-Kannauj, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant is quite innocent, he has been falsely implicated in the instant case due to village rivalry. It is next contended that the co-accused-Sanjeev Kumar, Sobhit Alias Abhay and Khursheed Alam, having similar role, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 39719 of 2023, 39731 of 2023 & 42268 of 2023, vide orders dated 26.09.2023, 26.09.2023 and 11.10.2023 respectively. Learned counsel for the applicant has annexed copies of the said orders, which is annexed as Annexure No. 7 to the affidavit. Learned counsel for the applicant has explained one case of criminal history. The applicant claim parity. The applicant is in jail since 27.09.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Pushpendra Pal, 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 7.12.2023 Vinod. High Court of Judicature at Allahabad