Allowed

Ravi Kumar Pandey Alias Bablu Pandey and 02 Others v. State of U.P.

Allahabad HC8 Oct 2018BAIL/28645/2018

Case brief

AI extract

What is this about?

In a bail application regarding assault and criminal intimidation, the court granted bail to the applicants. The court noted prima facie satisfaction of the charge and potential witness tampering, relying on precedent to order release on personal bond with conditions.

What did the court decide?

The applicants were released on bail on furnishing a personal bond with two sureties each, subject to specific conditions including cooperation with the trial and non-tampering with evidence.

Ravi Kumar Pandey Alias Bablu Pandey and 02 Others Vs… — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28645 of 2018

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Applicant :- Ravi Kumar Pandey Alias Bablu Pandey And 02 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhanshu Pratap Singh,Amit Kumar Singh,Dhirendra Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed on behalf of the State is taken on record.

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Heard Sri S.P.Singh alongwith Sri Dhirendra Srivastava, learned counsel for the applicants Sri Sanjay Singh, learned A.G.A. appearing for the State.

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According to the prosecution version the complainant lodged FIR against five named persons including the applicants and 10-12 unknown persons alleging that when the complainant objected for urinal inside the door of his house then all the accused entered into his house and assaulted the injured by lathi and danda causing injures to them.

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Learned counsel for the applicants in support of their prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case due told enmity and they have committed no offence. It is next contended that it is a case of sudden quarrel and general role of assault has been assigned to all the accused. No specific role is attributed to the applicants. It is also not known who is the author of injury. According to the medical report the injuries allegedly sustained by the injured are simple in nature except the injury of complainant who sustained only one fracture in the finger of his left hand. Earlier there was some dispute with regard to the drainage system between the parties due to which the complainant has roped them in the present case. It is further contended that there are material contradictions in the statements of injured and the complainant which creates doubt in the prosecution story.Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 9.7.2018. The applicants have no other reported

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criminal antecedent.

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Learned A.G.A. has vehemently 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 reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, 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 , the applicants are entitled to be released on bail.

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Without expressing any opinion on the merits of the case let the applicants namely Ravi Kumar Pandey, @ Bablu Pandey, Annu Pandey @ Shashi Pandey and Jhannu @ Danju @ Prem Kumar involved in Case Crime No.03 of 2014(Case No.27 of 2018) under sections 147, 325, 323, 452, 506, 427, I.P.C, P.S.Kakwan, District- Kanpur Nagar be released on bail on their 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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(i) The applicants will co-operate with the trail and remain present personally on each and every date fixed after release.

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(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicants will not indulge in any unlawful activities.

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(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.

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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 applicants to prison.

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Order Date :- 8.10.2018 IA

Ravi Kumar Pandey Alias Bablu Pandey and 02 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi Kumar Pandey Alias Bablu Pandey and 02 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

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