Pawan v. State of U.P.
Case brief
What is this about?
The Single Judge allowed the bail application of Pawan accused of murder and rioting, noting that co-accused have already been granted bail and the applicant has no criminal history.
What did the court decide?
Bail granted on furnishing a personal bond and two sureties with standard conditions against tampering with evidence and intimidating witnesses.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13579 of 2019
Applicant :- Pawan Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Nirvikar Gupta and Sri I.C. Tyagi, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the applicant as well as Sri Pankaj Rai, Brief Holder appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four named accused persons, namely, Raju, Pawan, Hetam Singh and Sonveer and 4-5 unknown persons alleging that at the night of 12/13.9.2018 they assaulted Ravi Kumar by lathies, dandas and by throwing stones. He received four injuries on head. According to C.C. T.V. Footage, it was found that co-accused Raju has assaulted Ravi Kumar (deceased) and Pawan caught hold the deceased, resultantly the deceased died.
Learned counsel for the applicant submitted that coaccused Sonveer Singh and Hetam Singh have been granted bail by this Bench vide order dated 11.1.2019 and 23.1.2019 in Criminal Misc. Bail Application No. 869 of 2018 and 2836 of 2019 and the case of the applicant is identical to the case of co-accused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is languishing in jail since 7.9.2018 (near about seven months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; there is no independent witness and no legal evidence against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant given the facts of the case and the bail orders passed for co-accused.
Parties & counsel
- applicant
Pawan
- respondent
State Of U.P.
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/13579/2019
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