Avinash Kumar Pandey vs State Of U.P.
2019 Latest Caselaw 3290 ALL

Citation : 2019 Latest Caselaw 3290 ALL
Judgement Date : 19 April, 2019

Allahabad High Court

Avinash Kumar Pandey vs State Of U.P. on 19 April, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16178 of 2019
 

 
Applicant :- Avinash Kumar Pandey
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Abhishek Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that applicant is not named in the FIR. The name of the applicant came into light in the confessional statement of co-accused Akhtar Khan and Mohd. Waris who were arrested on 9.3.2017. Recovery of stolen ornaments have also been shown from the possession of co-accused Akhtar Khan and Mohd. Waris. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. It has further been submitted that co-accused Akhtar Khan and Ravi Seth have already been released on bail by another bench of this court vide orders dated 11.12.2018 and 21.8.2017 respectively, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 5.4.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Avinash Kumar Pandey involved in Case Crime No. 89 of 2017, under section 302, 394, 404 IPC, P.S. Bhelupur, District Varanasi be released on bail on his furnishing a personal bond with 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. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 :- 19.4.2019

Masarrat