The court granted bail to Lavkush Pandey in a criminal bail application, finding that he had already been granted bail for an identical set of facts in a related case.
Release on bail with personal bond and two sureties on conditions regarding tampering with evidence, intimidation of witnesses, and appearance in court.
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. - 2072 of 2022
Applicant :- Lavkush Pandey Opposite Party :- State Of U.P Counsel for Applicant :- Arun Kumar Pandey,Suman Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated by the police on the basis of his own confessional statement. There is no material on record to indicate that applicant has committed the offence. He was arrested by the police and roped in separate crime numbers as Crime No.121 of 2021, 122 of 2021, 123 of 2021 & 125 of 2021 on the basis of false recovery of A.T.M. cards, mobile phone & Rs.17500/- from the joint possession of applicant with two other co-accused persons namely Mohd. Alam & Pawan Kumar. There is no any other criminal history against the applicant except the aforesaid cases out of which in one case he has already been granted bail by this Court in Criminal Misc. Bail Application No.1927 of 2022 vide order dated 03.02.2022. Applicant is languishing in jail since 20.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the fact that applicant has already been granted bail in Crime No.121 of 2021 on identical facts and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a fit case for bail. The bail application is allowed.
Let the applicant Lavkush Pandey involved in Case Crime No.123 of 2021, under Sections 401, 411, 419, 420 I.P.C. & Section 66C & 66D I.T. Act, Police Station Kotwali Shahar, District Mirzapur, 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.3.2022 Ashok Gupta
Digitally signed by ASHOK KUMAR GUPTA Date: 2022.03.23 17:50:08 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail.
Whether the applicant has made out a fit case for bail despite false recovery claims.
Lavkush Pandey
Subhash Chandra Sharma
Ashok Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
