Allowed

Neeraj Pathak v. State of U.P.

Allahabad HC29 Jul 2021BAIL/23968/2021

Case brief

AI extract

What is this about?

The High Court of Allahabad adjudicated a bail application filed by Neeraj Pathak regarding IPC and Excise Act offences. The court granted bail on the basis of parity with a co-accused, imposing strict conditions concerning court attendance and witness intimidation.

What did the court decide?

Applicant Neeraj Pathak released on bail by furnishing a personal bond and two local sureties, subject to strict conditions regarding court attendance and non-interference.

Neeraj Pathak Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

¶1

Court No. - 66

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23968 of 2021

¶3

Applicant :- Neeraj Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Pandey,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ali Zamin,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

¶6

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.169 of 2021, under Sections 419, 420, 467, 468, 471, 272 I.P.C. and under Section 60-A/62 Excise Act and under Section 63-A Copy Rights Act and under Section 103,104 Trade Mark Act, P.S. Manjhanpur, District Kaushambi.

¶7

Learned counsel for the applicant submits that applicant is not named in the F.I.R. He further submits that nine persons were arrested on 23.03.2021. After two days of arrest of co-accused, applicant was arrested by the police and implicated in the case. It is further submits that co-accused Raju Singh @ Anshuman Singh has been granted bail by this Court vide order dated 11.06.2021 in Criminal Misc. Bail Application No.21613 of 2021, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 12 of the affidavit filed in support of bail application. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 09.04.2021.

¶8

Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

¶9

Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Neeraj Pathak involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the

¶10

court concerned, subject to the following conditions :-

¶11

(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶12

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶13

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶14

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶15

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

¶16

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

¶17

Order Date :- 29.7.2021 Jitendra

¶18

Digitally signed by Justice Ali Zamin Date: 2021.07.29 16:37:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Neeraj Pathak v. State of U.P.

Case brief

What is this about?

What did the court decide?

Neeraj Pathak 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahaveer Vs State of U.P.

Rodas Vs State of U.P.

Balram Vs State of U.P.

Sharif and Another Vs State of Up

Ishran and another Vs State of U.P.

Naushad Vs State of U.P.