Allowed

Pramod Kumar v. State of U.P.

Allahabad HC22 Mar 2018BAIL/10728/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 10728 of 2018, the Court released the applicant, Pramod Kumar, on bail in Case Crime No. 895 of 2017. The application was based on allegations of false implication and lack of independent witnesses regarding the recovery of a motorcycle. The Court granted bail subject to furnishing a personal bond with two sureties and complying with standard bail conditions.

What did the court decide?

The applicant was ordered to be released on bail by furnishing a personal bond with two sureties in like amounts, subject to standard conditions of bail.

Pramod Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10728 of 2018

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Applicant :- Pramod Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Tripti Chaturvedi,Ramesh Chandra Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri R.C.Chaturvedi, learned counsel for the applicant and Sri Purshottam Maurya, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case and he has committed no offence. It is further submitted that false recovery of one motorcycle has been shown against the applicant, but there is no public or independent witness of the alleged recovery. It is pointed out that he applicant has criminal history of four cases, which has been explained in paragraph 13 of the affidavit filed in support of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 10.9.2017.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Pramod Kumar involved in Case Crime No. 895 of 2017, under Sections 379, 411, I.P.C., Police Station Sikandra, District Agra 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:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 22.3.2018 IA

Pramod Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pramod Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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