Keshan Pal and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13545 of 2023 Applicant :- Keshan Pal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jayveer Rajput Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Jayveer Rajput, learned counsel for the applicants, Smt Parul Kant, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No. 438 of 2021, under Sections 323, 504, 506, 427, 308 I.P.C., registered at Police Station Bangermau, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.12.2021 agianst three persons, including the applicants, alleging that the accused persons had restrained the informant from throwing garbage and upon her opposition they had set the garbage ablaze and had beaten up the informant and thereafter they had beaten up the informant's husband also. Although the informants' husband has suffered a fracture, in his statement he leveled similar allegations against all the accused persons. Co-accused Mohan Lal has been granted bail by means of the order dated 05.04.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.4563 of 2023.

¶4In the affidavit filed in support of bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicants-Keshan Pal and Arjun be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicants shall not tamper with the prosecution evidence;

(ii) the applicants shall not pressurize the prosecution witnesses;

(iii) the applicants shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 9.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench