The court granted bail to the applicant, Pawan Kumar Yadav, involved in a crime under various IPC sections and POCSO Act, by personal bond and two local sureties, subject to strict conditions regarding evidence tampering and trial attendance.
Released on bail by furnishing personal bond and two local sureties each of like amount.
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Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8446 of 2020
Applicant :- Pawan Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Islam Ahmad,Moeez Uddin Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. The applicant and opposite party no. 2 are neighbours and there was a dispute between them due to throwing the rubbish towards door side of the applicant. Even, earlier the opposite party no. 2 who is mother of victim had warned the applicant to teach lesson. Applicant does not have any criminal history to his credit. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 3.11.2019 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant -Pawan Kumar Yadav, involved in case crime No. 687 of 2019, under Sections -452, 354, 323, 504, 506 IPC and Section 9/10 of POCSO Act, police station -Kotwali Nagar, District -Banda be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following conditions:-
by intimidating/ pressurizing the witnesses, during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.9.2020 Sartaj
2 issues framed by the court
Whether the applicant should be released on bail subject to personal bond and two local sureties.
Whether appropriate conditions should be imposed to prevent tampering with evidence and ensuring trial attendance.
6 provisions across 3 enactments
Pawan Kumar Yadav
State of U.P.
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
