Allowed

Pramod Kumar v. State of U.P.

Allahabad HC3 Dec 2021BAIL/38735/2021

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of Pramod Kumar, who was falsely implicated in a civil dispute, granting release on personal bond and two sureties with standard conditions. The court noted jail overcrowding during the pandemic as a factor.

What did the court decide?

Application allowed. Applicant released on bail on furnishing a personal bond and two sureties each in a like amount.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38735 of 2021

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Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Pradeep Kumar Bhardwaj, learned counsel for the applicant and Sri Nafees Ahmad, learned A.G.A. for the State.

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A first information report was lodged as Case Crime No.71 of 2021 at Police Station-Kotwali Nagar, District-Bulandshahr under Sections 406, 420, 467, 468, 471, 504, 506 IPC.

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The bail application of the applicant was rejected by learned Incharge Sessions Judge, Bulandshahr on 17.06.2021.

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The applicant is in jail since 10.04.2021, pursuant to the said F.I.R.

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Shri Pradeep Kumar Bhardwaj, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The dispute is of a civil in nature. The criminal proceedings have been instituted to leverage in the disputed civil claim made by the informant. The F.I.R. was lodged after a delay of five years which clearly shows that the applicant was implicated as an afterthought. Apart from the instant case, the applicant does not have any criminal history. Lastly it is contended by the learned counsel

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for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Pramod Kumar involved in Case Crime No.71 of 2021 at Police Station-Kotwali Nagar, District-Bulandshahr under Sections 406, 420, 467, 468, 471, 504, 506 IPC, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 3.12.2021 Ashish Tripathi

Pramod Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pramod Kumar v. State of U.P.

Case brief

What is this about?

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