The court granted bail to the applicant, Pawan Kumar, accused of cheating and forgery under IPC and the Indian Telegraphic Act, relying on parity and the reformative theory of punishment while imposing standard conditions.
Released on bail with a personal bond and two sureties subject to conditions of attending trial and not tampering with witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28708 of 2021 Applicant :- Pawan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Avadh Pratap Singh Shishodia,Arun Kumar Nishad,Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary Affidavit filed today is taken on record.
Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.408 of 2021, under Sections 420, 120B I.P.C. & Sections 4, 20, 21, 25 of Indian Telegraphic Act, Police Station Phase Third NOIDA, District Gautam Budh Nagar during the pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this very case. Initially the applicant is not named in the FIR, and at the time of raid two accused persons were arrested and the name of the applicant was surfaced in the confessional statement of one of the co-accused Pusshpendra Kumar. It is also submitted that no recovery has been made from the possession of the applicant. It is further submitted that applicant is the SIM sales officer in the Jio Company, who sells the SIM after taking identity of the purchaser. It is next contended that the offence is triable by Magistrate and the maximum sentence for the offence is three years. It is next submitted that co-accused Pushpendra Kumar has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 34977 of 2021 vide order dated 4.10.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 26.5.2021 having no criminal history to his credit as explained in paragraph no. 20 of the affidavit filed in support of the bail application and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Pawan Kumar involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 18.10.2021
S.P.
2 issues framed by the court
Whether the applicant is entitled to bail in an IPC and Telegraphic Act case triable by a Magistrate.
Whether the applicant's innocence claim and lack of recovery support the grant of bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Pawan Kumar
State of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
