Allowed

Pravendra @ Pinta v. State of U.P.

Allahabad HC23 Feb 2018BAIL/5812/2018

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a criminal case involving robbery and attempted murder. Bail was ordered on grounds of parity with co-accused already released, lack of criminal history, and absence of independent witnesses implicating the applicant.

What did the court decide?

The applicant is released on bail on executing a personal bond and furnishing two sureties subject to standard bail conditions.

Pravendra @ Pinta Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5812 of 2018

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Applicant :- Pravendra @ Pinta Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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According to the prosecution case the F.I.R. was lodged against accused Ramveer, Rajkumar, Uday Singh, Surendra @ Chotu, Pinta, Mukesh and Gandi alleging that on 04.09.2017 they assaulted the injured Purchendra, Jitendra, Jasveer, Rahul and Vivek by indiscriminate firing and they have received injuries.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is cross Crime No. 351 of 2017 and Smt. Meena Devi has received firearm injury; the incident took place at the spur of moment; general role have been assigned against all the accused persons; the specific role has been assigned against the accused Chote, Mukesh and Gandhi; the co-accused Beenu, Ram Veer Singh have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 17.11.2017, 29.1.2018 passed in Criminal Misc. Bail Application No.44878 of 2017 and 49909 of 2017,the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; there is no independent witness against this accused which may show participation of the applicant in the alleged crime; the applicant is in jail since 4.1.2018 (more than one and half months) having no criminal history in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. opposed the prayer for bail and admitted that applicant has no criminal history, the role of this accused is identical to the role of the accused who have already been enlarged on bail.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.

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Let the applicant Pravendra @ Pinta involved in the Case Crime No. 349 of 2017, under Sections 147, 148, 149, 307, 308, 336, 504, 506, 427 I.P.C., P.S. Khandauli, District Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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 :- 23.2.2018 A. Singh

Pravendra @ Pinta v. State of U.P.

Case brief

What is this about?

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Pravendra @ Pinta v. State of U.P.

Case brief

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