Allowed

Pawan Kumar v. State of U.P.

Allahabad HC24 Jul 2019BAIL/14804/2019

Case brief

AI extract

What is this about?

Hon'ble Court No. 51 allowed Criminal Misc. Bail Application No. 14804 of 2019 filed by Pawan Kumar. A prima facie case for bail was made out, taking into account the applicant's contention of false implication and limited role. Bail was granted subject to conditions and a direction for speedy trial was issued.

What did the court decide?

Applicant released on bail on executing personal bond and furnishing two sureties subject to five conditions.

Pawan Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14804 of 2019

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Applicant :- Pawan Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Dwivedi,Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Applicant has moved the present bail application seeking bail in Case Crime No. 338 of 2018 u/s 420, 467, 468, 471 IPC PS Bithri Chainpur District Bareilly.

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Contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Contention is that even if the prosecution story is believed to be true, the only role assigned to the applicant is that of introducing the person. Contention is that applicant is in jail since 31.1.2019 and in case he is released on bail, he will not misuse the said liberty.

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Learned AGA has opposed the bail application of the applicant.

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In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Pawan Kumar involved in the aforesaid case crime number 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 default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.

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It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.

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Order Date :- 24.7.2019 SP

Pawan Kumar v. State of U.P.

Case brief

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Pawan Kumar v. State of U.P.

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