Allahabad High Court
Atul Kumar Pandey vs State Of U.P. on 21 February, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55517 of 2019
Applicant :- Atul Kumar Pandey
Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun,P.K. Singh,Santosh Kumar Mishra,Suraj Kumar Singh
Counsel for Opposite Party :- G.A.,Ran Vijay Singh
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed today. Taken on record.
3. Heard Shri Suraj Kumar Singh, learned counsel for the applicant, other side not present as well as Shri Rajesh Kumar Srivastava learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No. 100 of 2019, under Sections 147, 148, 149, 302, 34, 120-B IPC and 7 Criminal Law Amendment Act, Police Station Shivpur, District Varanasi, during the pendency of trial.
5.This is the second bail application. The first Criminal Misc. Bail Application No. 22642 of 2019 was rejected vide order dated 07.06.2019. Learned counsel for the applicant has stated that the statement of witnesses of fact have been examined in Court as PW1 and PW2 and they have not supported the prosecution story. The two witnesses have been cross-examined by the public prosecutor after declaring them hostile.
6. Learned counsel has been stated that the only evidence against the applicant was that his name had come up later on in the statement of one witness, Abhishek who is also not supported the prosecution story and has been examined as PW2.
7. It is submitted by learned counsel for the applicant that similarly placed co-accused persons, Rahul Rajpoot, Anupam Namwanshi @ Kundan and Pawan Singh @ Chintoo have already been enlarged on bail by this Court vide orders dated 16.02.2023, 23.01.2023 and 13.10.2022 passed in Criminal Misc. Bail Application Nos. 15490 of 2019, 3937 of 2022 and 19772 of 2022. The applicant is languishing in jail since 12.03.2019, having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
8. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him.
9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and also taking into consideration the judgment of the Apex Court passed in the case of Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and the judgment of this Court passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity.
10. Let the applicant- Atul Kumar Pandey involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
12. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.
Order Date :- 21.2.2023
Ashutosh
