Pankaj v. State of U.P.
Case brief
What is this about?
In a bail application, the court granted bail to the applicant despite no expressed opinion on the merits of the underlying case, citing a dispute as the motive for implicate-ment and a clean criminal record.
What did the court decide?
The applicant was released on bail on furnishing a personal bond with two sureties each.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15319 of 2017
Applicant :- Pankaj Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Mishra,Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The argument is that the informant has given an affidavit before the Sessions Court stating that he has implicated the applicant only because of dispute regarding land pending in the Court and applicant has been implicated on the ground of doubt. A counter affidavit has been filed by the learned A.G.A. wherein this fact stated in the affidavit has not been disputed. The applicant is in jail since 15.03.2017 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Pankaj , be released on bail in Case Crime No. 268 of 2016, under section 307 I.P.C, P.S. Singhawali Aheer, District- Baghpat 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 which are being imposed in the interest of justice :-
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the disputed motive of implicate-ment and lack of criminal history.
What conditions are appropriate for granting bail in a case under section 307 I.P.C.
Parties & counsel
- applicant
Pankaj
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/15319/2017
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