Allowed
Pradeep @ Bittu v. State of U.P.
Allahabad HCBAIL/15352/2022
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15352 of 2022
Applicant :- Pradeep @ Bittu Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Dilip Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.18 of 2022 at Police Station-Kotwali Nagar, DistrictBulandshahr under Sections 379 and 411 IPC. The applicant is in jail since 23.01.2022.
The bail application of the applicant was rejected by learned Sessions Judge, Bulandshahr on 04.03.2022.
Shri Ankit Agarval, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The motorcycle was planted on the applicant to frame him in the instant case to show the proficiency of the police investigators. There is no independent witness to the recovery. Prosecution evidence does not connect the applicant with the offence. Explaining the criminal history of the applicant learned counsel for the applicant contends that being from economically weaker section of the society the applicant has become an easy scapegoat for the police authorities who have falsely
implicated the applicant in the said cases to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said cases. He further contends that after the lodgment of the instant F.I.R. the applicant was also successively nominated in a false case. The said cases do not relate to heinous crimes and have no bearing on this bail application. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Sunil Kumar Srivastava, learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.
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.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Pradeep alias Bittu be released on bail in the aforesaid case crime number on
furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 12.4.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.13 09:38:42 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant falsely implicated in theft and criminal breach of trust charges.
Whether the applicant would tamper with evidence or influence witnesses if released on bail.
Whether the applicant has a criminal history that bars the grant of bail in the present case.
Pradeep @ Bittu
Ashish Nayan Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court