Pradeep Singh @ Pintoo vs State Of Up
2016 Latest Caselaw 311 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 1697 of 2016
 

 
Applicant :- Pradeep Singh @ Pintoo
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Atul Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of applicant be taken on record.

Heard learned Counsel for the applicant, learned  A.G.A. and perused the record.

Learned counsel for the applicant submits that the applicant is not named in the F.I.R. His name came into light in the application moved by the complainant on 27.06.2014 after two days of lodging the F.I.R. It has further been submitted that there is no direct evidence against the applicant. No incriminating article has been recovered from the possession of the applicant or on his pointing out. The applicant has falsely been implicated in the present case only on the basis of suspicion. It has further been submitted that co-accused Arun Kumar Kanaujiya having identical role has already been granted bail by another Bench of this Court vide order dated 01.05.2015, therefore, the applicant is also entitled for bail on the ground of parity. There criminal history of the applicant has been explained in para 4 of supplementary affidavit filed in support of bail application. The applicant is in jail since 27.04.2014.

Per contra, learned A.G.A. opposed the prayer for bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Pradeep Singh @ Pintoo involved in Case Crime No.200 of 2014, Under Sections 302, 201 I.P.C., Police Station Haidarganj, District Faizabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

1.   The applicant will not tamper with the evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

3.   The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to  cancel the bail of the applicant.

Order Date :- 11.3.2016

Jitendra