Allowed

Pavan v. State of U.P.

Allahabad HC10 Nov 2022BAIL/26753/2022

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Pavan in a case involving snatching. The High Court granted bail, noting the applicant was implicated based on a custodial confession in a related case and already had a positive record in other pending proceedings.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties in the like amount to the satisfaction of the court below.

Pavan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26753 of 2022

¶3

Applicant :- Pavan Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Pandey,Prem Chandra Dwivedi

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Vipin Chandra Pandey and Sri Prem Chandra Dwivedi, the learned counsel for the applicant, Sri Ghanshyam Mishra, the learned State Counsel and perused the record.

¶7

Supplementary affidavit filed today is taken on record.

¶8

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 114 of 2022, under Sections 392, 411 IPC, Police Station Achhnera, District Agra during pendency of the trial in the Court below.

¶9

The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.04.2022 alleging snatching of a bag containing Rs. 90,000/-, an Adhar card, a Pan card and some other documents committed by two unknown bike borne miscreants and Rs. 7,000/- is said to have been recovered from the pointing out of the applicant.

¶10

It is alleged that the applicant was arrested in connection with another case, in his custodial statement he confessed his involvement in the present present.

¶11

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶12

A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in four other cases, in one of which, he already stands acquitted, in one case, the Investigating Officer has submitted a final report in favour of the applicant and in another case, chargesheet has not been filed against the applicant. In one case, bearing Case Crime No. 122 of 2022 under Sections 307, 414 IPC, Police Station Etmadpur, District Agra, the applicant has been granted bail by means of an order dated 17.09.2022 passed by the learned Additional District and Sessions Judge, Court No. 5, Agra.

¶13

Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

¶14

Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant has been implicated in the present case merely on the basis of his confessional statement recorded while he was in custody in connection with another case, I am of the view that the applicant is entitled to be released on bail.

¶15

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

¶16

Let the applicant Pavan be released on bail in Case Crime No. 114 of 2022, under Sections 392, 411 IPC, Police Station Achhnera, District Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

¶17

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

¶18

(ii) The applicant will not influence any witness.

¶19

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

¶20

(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.

¶21

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

¶22

Order Date :- 10.11.2022 Jaswant

¶23

Digitally signed by JASWANT KUMAR Date: 2022.11.11 11:34:19 IST Reason: Location: High Court of Judicature at Allahabad

Pavan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pavan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raja @ Ishteqar Vs State of U.P.

Kusumveer Singh Vs State of U.P.

Ravindra Kumar Srivastava Alias Jhablu Vs State of U.P.

Suresh Yadav Vs State of U.P.

Mahesh Kumar Singh Vs State of U.P.

Vikas Yadav @ Vijay Yadav Vs State of U.P.