Allowed

Mahesh Pandit v. State of U.P.

Allahabad HC8 Jul 2020BAIL/13104/2020

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant Mahesh Pandit in a theft case. Bail was granted on a personal bond without sureties pending court restoration, with an undertaking to furnish sureties within a month thereafter. Employer alleged dispute over wages.

What did the court decide?

Application allowed; released on bail on personal bond; sureties to be executed within one month of normal court functioning.

Mahesh Pandit Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 82

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13104 of 2020

¶3

Applicant :- Mahesh Pandit Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- A.G.A.

¶4

Hon'ble Siddharth,J.

¶5

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

¶6

Order on Criminal Misc. Exemption Application

¶7

This exemption application is allowed.

¶8

Order on Criminal Misc. Bail Application

¶9

The instant bail application has been filed on behalf of the applicant, Mahesh Pandit with a prayer to release him on bail in Case Crime No. 31 of 2020, under Sections 457 IPC, Police Station Phoolpur, DistrictAzamgarh during pendency of trial.

¶10

There is allegation of theft against the applicant.

¶11

Learned counsel for the applicant has submitted that no recovery has been made from the applicant. He was working in the house of the informant and there was dispute regarding his wages with the informant and therefore, he has been falsely implicated. No recovery has been made from him. He is in jail since 10.02.2020 and has no criminal history to his credit.

¶12

Learned AGA has opposed the prayer for bail of the applicant.

¶13

Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶14

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶15

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶16

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶17

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

¶18

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶19

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶20

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶21

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶22

Order Date :- 8.7.2020 SS

¶23

Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.09 10:13:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Mahesh Pandit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mahesh Pandit v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Manorma Vs State of U.P.

Mithun Gupta Vs State of Up

Rakesh Vs State of U.P.

Palla Vs State of Up

Kallu @ Dharmveer and Anr. Vs State of U.P.

Amit Singh Vs State of U.P.