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2025 DAILYLAW 12811 (ALL)

PIYUSH PAL v. STATE OF U.P.

BAIL/19168/2023 · 2025-07-07

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107178 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19168 of 2023 Applicant :- Piyush Pal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicant, Ms. Ifra Islam, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 117 of 2022, under Sections 302, 201, 34 I.P.C., Police Station-Narval, District- Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant does not carry any motive to commit the offence. The motive, if any, was carried by co-accused Shailendra Pal. It is true that applicant has been implicated with the said co-accused person Shailendra Pal and there is a recovery of dead body of the deceased person on the joint pointing out of both the persons on 02.10.2022. Applicant is in jail since 03.10.2022. The date of jail has been wrongly transcribed as 31.12.2022 in the bail application. Since the applicant is in jail since more than two years, as such, fundamental rights of the applicant as enshrined under Article 21 of the Constitution of India stands violated, therefore, the applicant is entitled for bail. 5. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that it is a open and shut case as the dead body has been recovered on the pointing out of applicant and the main accused person, even the mobile phone used by the deceased person was recovered from the possession of the applicant only. Trial is at its conclusive end as all the witnesses of facts have been examined, therefore, the applicant is not entitled for bail. 6. After hearing learned counsel for the parties and considering the fact that the dead body has been recovered on the joint pointing out of the applicant and the main co-accused, I do not find it a fit case for grant of bail to the applicant. 7. The bail application is found devoid of merits and is, accordingly, rejected. Order Date :- 8.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad