Allowed

Pankaj v. State of U.P.

Allahabad HC8 Jul 2022BAIL/27879/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant in a kidnapping case under Sections 363, 366, and 368 IPC. The court imposed specific conditions regarding absence from court, tampering with witnesses, and immediate cancellation of bail upon breach.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties with specific conditions regarding court attendance and non-tampering.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27879 of 2022

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Applicant :- Pankaj Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Counsel for Opposite Party :- G.A,Suresh Chandra Pandey

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, learned AGA for the State, Sri Suresh Chandra Pandey, learned counsel for the informant and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Pankaj, with a prayer to release him on bail in Case Crime No. 240 of 2022, under Sections 363, 366, 368 I.P.C., Police Station- Koshikalan, DistrictMathura, pendency of trial.

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There is allegation in the F.I.R against one unknown accused regarding offence of kidnapping of a minor child for the purpose of marriage.

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Learned counsel for the applicant has submitted that the victim has not made any allegation against the applicant in her statement recorded u/s 164 Cr.P.C. The applicant is languishing in jail since 26.03.2022. He has no criminal history to his credit. In case he is enlarged on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial

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Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufÏcient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 8.7.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.07.12 13:12:25 IST Reason: Location: High Court of Judicature at Allahabad

Pankaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pankaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

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