Allowed

Phoolchand Pandey and Another v. State of U.P.

Allahabad HC8 Dec 2021BAIL/33566/2021

Case brief

AI extract

What is this about?

Held that a case for bail is made out for the applicants who were falsely implicated and assigned a lesser role of beating the injured compared to co-accused responsible for stab wounds. Bail allowed on personal bonds and two sureties each with specific conditions.

What did the court decide?

Applicants released on bail on furnishing personal bonds and two sureties each with conditions not to tamper with evidence, threaten witnesses, and co-operate with trial.

Phoolchand Pandey and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33566 of 2021

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Applicant :- Phoolchand Pandey And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ram Krishna Dubey Counsel for Opposite Party :- G.A.,Suresh Bahadur Singh

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Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the applicants, learned counsel for complainant, learned A.G.A. for the State and perused the record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants seeking enlargement on bail during trial in connection with Case Crime No. 275 of 2020, under Section 147, 323, 324, 504, 506, 307 I.P.C. registered at P.S.- Gopiganj, District- Bhadohi.

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Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case due to previous Panchayat Election. The allegation against the applicants is that they have beaten the injured Dheeraj by kicks and fists. Role of causing stab wound has been assigned to coaccused Nitesh Dubey @ Golu and Sudhanshu Pandey. The applicants are innocent and have not committed the alleged offence. There is no motive to committed the alleged offence. There is no independent witness in the present case. The allegations levelled against the applicants are fully false and baseless and case under aforementioned Sections is not made out against them. The applicants are languishing in jail since 29.06.2021.

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Per contra, learned A.G.A. and learned counsel for complainant opposed the prayer for bail

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.

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Perusal of the record reveals that the injured in his statement under Section 161 Cr.P.C. has stated that the applicants caught hold of him and beaten him by kicks and fists, thus the case of the applicants is distinguishable from the case of co-accused Nitesh @ Nitish and Sudhandhu Pandey to whom role of

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causing stab wound has been attributed.

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Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the role assigned to the applicant, without expressing any opinion on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicants Phoolchand Pandey and Ashutosh Pandey involved in the aforesaid case crime, be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicants shall not tamper with the evidence or threaten the witnesses.

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The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, they shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 8.12.2021 VPS

Phoolchand Pandey and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Phoolchand Pandey and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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