Pradeep Agrawal Vs State of U.P.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24438 of 2022

Applicant :- Pradeep Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Pratap Singh,Kuldeep Johri Counsel for Opposite Party :- G.A.,Anand Mohan Pandey,Ram Raj Mishra

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Hon'ble Gajendra Kumar,J.

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

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As per version of the FIR, on 19.04.2022 applicant's son Himesh Singh along with his cousin Priyanshu was going to attend marriage ceremony by motorcycle, a Innova Car at around 09:30 p.m. coming towards Shanti Vihar was being driven rashly by the driver and, thereafter, scuffle took place wherein one person hold the complainant's son and other one had fired upon him, as a result, Himesh Singh (complainant's son) sustained fire-arm injury and, thereafter, he had been taken to hospital.

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Learned counsel for the applicant submits that he has been falsely implicated in the present case. The unexplained delay in lodgement of F.I.R. shows that the same has been lodged as an afterthought. The said incident occurred during sudden scuffle between the parties, which took place on 19.04.2022. There is cross version of the FIR bearing Case Crime No.233 of 2022, under Section 341, 352 and 393 IPC, Police Station-Subhash Nagar, District-Bareilly. As per injury report, all the injuries are simple in nature. Applicant is a law abiding citizen. Applicant alleges false implication. Apart from this case, applicant does not have any criminal history. The applicant is in jail since 20.04.2022. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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In this matter, it appears that in the FIR, two unknown persons are shown; I.O. after investigation has submitted the chargesheet and found only one person involved and the other person was found to be falsely implicated; in sudden scuffle, aforesaid

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incident took place; injury report submitted by the applicant belongs to private hospital coupled with the fact that applicant is languishing in jail since 20.04.2022; grounds for bail is sufficient.

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Hence, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Pradeep Agrawal , who is involved in Case Crime No. 230 of 2020, under Sections 279, 323, 307 I.P.C, Police Station-Subhash Nagar, District- Bareilly, 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. Further, before issuing the release order, the sureties be verified.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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

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Order Date :- 2.11.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.11.04 09:34:56 IST Reason: Location: High Court of Judicature at Allahabad

Pradeep Agrawal v. State of U.P.

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Pradeep Agrawal v. State of U.P.

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