Allowed

Pankaj Singh v. State of U.P.

Allahabad HC5 Sept 2018BAIL/26619/2018

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant Pankaj Singh in a case involving offences under IPL 307, 506, etc. The applicant alleged false implication. Relying on the larger mandate of Article 21 and the Apex Court decision in Dataram Singh, the Court granted bail subject to standard conditions and sureties.

What did the court decide?

The applicant Pankaj Singh was released on bail on furnishing a personal bond and two sureties each in the like amount.

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

¶1

Court No. - 55

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26619 of 2018

¶3

Applicant :- Pankaj Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Chandel,Rajeev Chaddha Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

¶6

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. It is further submitted that the applicant has assigned the role of carrying fire arm but no injury has been found on the body of the injured by causing fire arm. It is also submitted that the co-accused Rahul Singh, Abhay Kumar Singh @ Vittu Singh and Aditiya Singh @ Priyanshu Singh have already been granted bail by this Court vide order dated 22.06.2018 in Criminal Misc. Bail Application No. 23047 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record. 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 17.05.2018.

¶7

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

¶8

Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

¶9

Let applicant Pankaj Singh be released on bail in Case Crime No. 174 of 2018, under Sections 147, 148, 149, 307, 323, 504, 506 IPC and 7 Criminal Law Amendment Act, Police StationSarilakhansi, District- Mau on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶10

(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence 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.

¶11

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 applicant to prison.

¶12

Order Date :- 5.9.2018 Arti

Pankaj Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pankaj Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ritesh Soni Vs Union of India

Mohit Gupta Vs State of U.P.

Smt. Saroj Devi Vs State of U.P. and Anr.

Vishal Singh Vs State of U.P.

Akbal Jahan Vs State of U.P.

Aftab Vs State of U.P.