Pankaj vs State Of U.P.
2019 Latest Caselaw 3952 ALL

Citation : 2019 Latest Caselaw 3952 ALL
Judgement Date : 1 May, 2019

Allahabad High Court

Pankaj vs State Of U.P. on 1 May, 2019

Bench: Pradeep Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18435 of 2019
 

 
Applicant :- Pankaj
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sushil Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case on account of enmity. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery has not been supported by any independent witness. Further submission is that after investigation, charge sheet has already been submitted and there is no question of investigation being influenced by the applicant. The applicant is languishing in jail since 7.2.2019 having no other criminal history. He undertakes that he will not misuse the liberty of bail, if granted.

Learned A.G.A. has vehemently opposed the prayer of bail.

Considering the facts and circumstances of the case, nature of accusation against applicant, severity of punishment in case of conviction and the nature of supporting evidence, without commenting on the merits of the case, I find it a case for bail.

Let applicant Pankaj be released on bail in Case Crime No.1017 of 2018, under Section 394 IPC, P.S. Auraiya, District Auraiya, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

Order Date :- 1.5.2019

RCT/-