Pawan vs State Of U.P.
2017 Latest Caselaw 1621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20046 of 2017
 

 
Applicant :- Pawan
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rakesh Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Vijay Lakshmi,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely implicated in this case. He is not named in the FIR and his name has been surfaced in the statement of co-accused Shareef, who has already been enlarged on bail by this court vide order dated 17.5.2017 passed in Bail Application No. 11218 of 2017. It is further contended that the co-accused Sonu Sharma and Pushpendra have already been released on bail by this court vide orders dated 31.5.2017 and 28.4.2017 passed in Criminal Misc. Bail Application Nos. 19756 of 2017 and 13959 of 2017, respectively, whereas the applicant is languishing in jail since 20.4.2017. It is further contended that only a single case is shown as criminal history of the applicant in which he has already been enlarged on bail. It is lastly contended that there is no likelihood of early disposal of the trial and the applicant undertakes that if released on bail, he will never misuse his liberty and will cooperate in trial.

Learned AGA has opposed the bail application but the applicant's claim of parity has not been disputed.

After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.

Let the applicant, Pawan, involved in Case Crime No. 266 of 2016, under sections 395, 412 I.P.C., P.S. Akrabad, District Aligarh, be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. 

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 6.6.2017

Pcl