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2025 DAILYLAW 7174 (ALL)

NARENDRA PAL v. STATE OF U.P.

BAIL/1137/2025 · 2025-03-02

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29968 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1137 of 2025 Applicant :- Narendra Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Shanker Srivastava,Ravi Shankar Kanojiya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.290 of 2024, under Sections 318(2), 338, 336(3), 317(2) of B.N.S. and Section 66-D I.T. Act, Police Station- Chhapar, District- Muzaffar Nagar. Learned counsel for the applicant submits that the complainant in his statement has not taken the name of the applicant. Entire allegation is on co-accused Prem Pal. Alleged amount in the F.I.R. has also been transferred in the account of Prem Pal and not in the account of the applicant. The name of the applicant has surfaced in the confessional statement of the applicant and other co-accused, who have been arrested on the basis of the information given by the informer and from his arrest and Rs. 1500/- are said to have been recovered, which belonged to the applicant. There is no incriminating article recovered from the possession of the applicant. The applicant has no other criminal history. The applicant is in jail since 07.10.2024. It is further submitted that on the similar footing the co-accused Vinay has been granted bail by this Court vide order dated 27.11.2024 passed in Criminal Misc. Bail Application No. 43464 of 2024, therefore, applicant is also entitled to be released on bail. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. for the State does not oppose the prayer of bail of the applicant and also does not dispute the aforesaid fact. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 07.10.2024 having no criminal history, period of incarceration gone into by the applicant, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Narendra Pal, be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him. Order Date :- 3.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad