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2025 DAILYLAW 29311 (ALL)

OM PRAKASH PAL v. STATE OF U.P. AND ANOTHER

BAIL/9106/2025 · 2025-03-18

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39551 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9106 of 2025 Applicant :- Om Prakash Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhijeet Singh,Madhur Prasad,Malay Prasad,Saloni Mathur,Tanya Makker Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Kameshwar Singh, learned Advocate apprised the Court that he has filed power on behalf of the informant in the Registry of this Court but his name could not be shown in the cause list. However, he submits that he is ready to assist the Court. 2. Heard Ms. Tanya Makker, learned counsel for the applicant, Sri Kameshwar Singh, learned counsel for the informant and Sri Shatrughan Yadav, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.73 of 2024 (S.T.No.1169 of 2024), under Sections 147,148,149, 302, 323, 324 and 120B IPC, Police Station Ghazipur, District Fatehpur during pendency of the trial. 4. Learned counsel for the applicant submits that on the basis of general and omnibus allegation applicant has been made accused in the present matter along with four others including co-accused Arvind Pal and after considering entire facts in detail co-accused Arvind Pal has been released on bail by Coordinate Bench of this Court and his bail order has been annexed at page 98 of the paper book and on facts case of applicant is exactly at par with him. 5. She further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 8.4.2024, i.e., for the last more than ten months. 6. Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Arvind Pal has been released on bail by Coordinate Bench of this Court and case of applicant is exactly at par with him and he is not having any previous criminal history and in the present matter he is in jail since 8.4.2024, i.e., for the last more than ten months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Om Prakash Pal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad