Brij Mohan Pandey vs State Of U.P.
2021 Latest Caselaw 6884 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23199 of 2021
 

 
Applicant :- Brij Mohan Pandey
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Ali Hasan,Istiyaq Ali
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Yashwant Varma,J.

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

Learned counsel for the applicant states that due to inadvertence in the prayer clause of the bail application Case Crime No. 206 of 2019 and Sections 302, 328 IPC has wrongly been transcribed and sought permission to correct the same as 208 of 2019 under Sections 302, 393, 120B IPC. Permission so sought is granted.

The present bail application has been filed by the applicant in case crime No.0208 of 2019, under Sections 302, 393, 120B IPC, Police Station Tarya Sujan, District- Kushinagar with the prayer to enlarge him on bail.

The Court finds no ground to accord the facility of bail to the applicant bearing in mind his criminal antecedents which has been disclosed in the petition. Those disclosures evidence the arraignment of the applicant in as many as eight previous criminal cases. Although the applicant has been granted bail in those matters, it is evident that the aforesaid liberty accorded has been abused. Although learned counsel for the applicant has referred to the orders passed by this Court granting bail to the co-accused in the present matter and contends that even those co-accused had a previous criminal history, as this Court reads the orders passed on those petitions, it is evident that firstly no reasons have been assigned for grant of bail and secondly there is also no recordal of satisfaction why the previous criminal history of those accused would not be a relevant factor for the purposes of considering the prayer for bail. The recent judgments of the Supreme Court in Ramesh Bhavan Rathod Vs. Vishanbhai Hirabhai [2021 SCC OnLine SC 335] and Sudha Singh Vs. State of U.P. [2021 SCC OnLine SC 342] have reiterated and reemphasized the obligation of the Court to bear in mind the criminal antecedents of an applicant while considering the issue of bail.

Consequently, the prayer for bail is refused and the application stands rejected.

Order Date :- 30.6.2021

Vivek Kr.