Allahabad High Court Weekly Round Up: June 27 - July 3, 2022

Irfan v. State of U.P. 2022 LiveLaw (AB) 303

Manish v. State of U.P 2022 LiveLaw (AB) 304

Bhagwati Singh @ Pappu v. State of U.P 2022 LiveLaw (AB) 305

Mohar Pal And Another v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 306

Orders/Judgments of the Week

Allahabad High Court Grants Bail To Man Accused Of Beating People Who Were Raising Slogan Of 'Jai Sri Ram'

Case title - Irfan v. State of U.P.

Citation: 2022 LiveLaw (AB) 303

The Allahabad High Court on Monday granted conditional bail to a man accused of beating people were returning back to their house raising the slogan of 'Jai Sri Ram.

The Bench of Justice Jayant Banerjee ordered the release of the accused (Irfan) on a personal bond of Rs 50,000 and on his furnishing a personal bond of Rs. 50,000/ with two sureties.

Can't Allow Bail On Parity When Co-Accused Was Granted Bail Without Assigning Any Reasons: Allahabad High Court

Case title - Manish v. State of U.P

Citation: 2022 LiveLaw (AB) 304

The Allahabad High Court has observed that if bail is granted to similarly placed co-accused persons without assigning any reasons, then, on the basis of such bail orders, merely on the ground of parity, the bail application should not be allowed.

Essentially, the Bench of Justice Sameer Jain was dealing with the case of one Manish who was seeking bail in connection with a murder case wherein it was alleged that he, along with his parents ablazed a lady by pouring kerosene oil on her.

Allahabad High Court Upholds Life Term In Eight Time National Badminton Champion Syed Modi Murder Case

Case title - Bhagwati Singh @ Pappu v. State of U.P

Citation: 2022 LiveLaw (AB) 305

The High Court upheld the life sentence awarded to an accused in connection with the murder of an eight-time National Badminton Champion Syed Modi, who represented India in various international championships.

The Bench of Justice Ramesh Sinha and Justice Saroj Yadav took into the record the evidence adduced before it to conclude that Modi was killed by firing made by convict/appellant along with one another accused by using fire arm.

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court

Case title - Mohar Pal And Another v. State Of U.P. And 2 Others

Case citation: 2022 LiveLaw (AB) 306

The High Court held that the provisions of Sections 4 and 5 of the CrPC do not apply to offencs committed under the Indian Penal Code and that these provisions are applicable when any special act comes into operation.

The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed by Mohar Pal And Another and observed that Sections 4 and 5 of CrPC pertain to the procedure where the offence under a particular Act is committed.

Other updates from the High Court

[Prayagraj Demolition] "Building Was Used As 'Welfare Party Of India' Office, Had Javed's Nameplate": UP Govt Tells Allahabad HC

Defending its move to demolish the residence of Welfare Party Of India's leader Javed Pump (an accused in the Prayagraj violence case) by the district administration and Prayagraj Development Authority (PDA) on June 12, the UP Government has told the Allahabad High Court that the building had Pump's nameplate and the same was being used a party's office.

This response has been filed by the State Govt pursuant to the Allahabad High Court's June 28 order wherein it had sought its reply on the plea moved by the wife of the Prayagraj Violence (June 10) accused Javed Mohammad.