Allowed

Pawan @ Panna and Another v. State of U.P.

Allahabad HC10 Jun 2021BAIL/22284/2021

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to applicants in a criminal case involving sections 354, 354Gha, 504, 506 IPC and POCSO Act, subject to personal bond and sureties, while directing the trial court to expedite proceedings under Article 21 of the Constitution of India.

What did the court decide?

Release of applicants on bail with personal bond and sureties; directed trial court to expedite trial.

Pawan @ Panna and Another Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22284 of 2021

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Applicant :- Pawan @ Panna And Another Opposite Party :- State of U.P. Counsel for Applicant :- Hemendra Pratap Singh,Sitesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicants, Sri Sanjay Singh, learned AGA-I for the State and perused the material brought on record.

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The submission of learned counsel for the applicants is that applicants are innocent and have been falsely implicated in the present case by the informant due to her malicious and ulterior motive. The incident is alleged to have been caused by co-accused Sandeep, no specific allegation has been leveled against the present applicants, the said fact has been mentioned in para 14 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. Further submission is that applicants who are in jail since 12.02.2021 have no other criminal history and there is also no possibility of thier either fleeing away from the judicial process or tampering with the witnesses. Applicants also undertakes that they will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicants Pawan @ Panna and Surendra be released on bail in Case Crime No. 81 of 2019, under Sections 354, 354Gha, 504, 506 IPC & Section 7/8 of Protection of Children from Sexual Offences Act 2012, Police Station- Sadar Bazar, District- Agra on furnishing a personal bond and two heavy sureties (One should be of a family member) each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

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The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.

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

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 10.6.2021 Arti

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Digitally signed by Justice Vivek Kumar Singh Date: 2021.06.10 16:54:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Pawan @ Panna and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pawan @ Panna and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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