Bharat Pal Vs. State Of U.P.
Allahabad High Court (Single Judge)
CRIMINAL MISC. CASE, 26325 of 2017, Judgment Date: Jul 27, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26325 of 2017
Applicant :- Bharat Pal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Narain,Vipin Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 68 of 2017, under sections 147, 148, 149, 323, 307, 332, 336, 353, 504 & 427 I.P.C. and Section 4/21 of Mines Minerals Act and Section 3 of Prevention of Public Property Damages Act, and Section 7 of Criminal Law Amendment Act, Police Station Raksha, District Jhansi with the prayer to enlarge him on bail.
It is submitted by the learned counsel that the applicant was not arrested on the spot. Nothing was recovered from the possession of the applicant. It is also submitted that nobody was arrested on the spot and nothing was recovered from anybody. It is also submitted that in the incident, one police constable is said to have been injured but no visible injury was found by the doctor. It is also submitted that due to political rivalry, the applicant has been roped in with ulterior motive. The criminal history of the applicant has been explained and in case applicant is enlarged on bail, he will not misuse the liberty of bail. The applicant is in jail since 7.6.2017.
Learned A.G.A for the State has opposed the prayer for bail.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and seeing the fact that nobody was arrested on the spot and nothing was recovered from anybody and nobody was apparently injured in the incident, a prima facie case for bail is made out.
Let the applicant?Bharat Pal, involved in Case Crime No. 68 of 2017, under sections 147, 148, 149, 323, 307, 332, 336, 353, 504 & 427 I.P.C. and Section 4/21 of Mines Minerals Act and Section 3 of Prevention of Public Property Damages Act, and Section 7 of Criminal Law Amendment Act, Police Station Raksha, District Jhansi, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
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 before the bonds are accepted.
Order Date :- 27.7.2017
N.A.