The Single Judge allowed the bail application filed by Pankaj Kumar. The court accepted the applicant's contention of false implication and lack of personal presence at the crime scene, dispensing with a full merit review.
The application was allowed. The applicant was released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3910 of 2019
Applicant :- Pankaj Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Dadhi Bal Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Applicant was not caught on the spot and he has been falsely roped in in this case merely on the basis of confessional statement of coaccused, who is stated to have appeared in the examination in question in place of the applicant. The allegations made by the prosecution are totally baseless and false. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 19.12.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let the applicant - Pankaj Kumar involved in Case Crime No. 667 of 2018, under Sections - 419, 420, 467, 468, 471, 120B I.P.C., Police Station - Naubasta, District - Kanpur Nagar 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.
Order Date :- 29.1.2019 S Rawat
1 issue framed by the court
Whether the applicant is entitled to bail despite allegations of false implication and reliance on a co-accused's statement.
Pankaj Kumar
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
