In Criminal Misc. Bail Application No. 18665 of 2022, the High Court at Allahabad granted bail to Pradeep in a case under Sections 411, 413, 414, 482 IPC, allowing release on personal bond and sureties with standard conditions.
Release on bail on furnishing a personal bond and two sureties each in the like amount with specific conditions.
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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18665 of 2022
Applicant :- Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Srivastava,Ashok Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Mr Vikash Srivastava, learned counsel for the applicant, Mr. Ashish Kumar Tripathi, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant-Pradeep with a prayer to release him on bail in Case Crime No.78 of 2022, under Sections 411, 413, 414, 482 IPC Police Station-Kotwali Nagar, District-Bulandshahr, during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that a false recovery has been placed upon the applicant by the police. There is no independent witness of the alleged recovery. He further submitted that the offence is triable by the Magistrate. It is next submitted that co-accused namely, Pradeep @ Bittu has been enlarged on bail vide order dated 12.05.2022 in Crl. Misc. Bail Application No. 13893 of 2022 and role of the applicant is similar and identical to the accused, who has been enlarged on bail. It is next submitted that criminal history of 7 cases of applicant has been explained in paragraph No.6 to the affidavit. Applicant is languishing in jail since 23.01.2021.
Lastly it is submitted by the learned counsel 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.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Pradeep son of Jugendra Singh involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.5.2022
PS
Digitally signed by PRITI SHARMA Date: 2022.05.20 16:11:36 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the criminal case triable by the Magistrate.
Pradeep
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
