Allowed

Gokul Kumar Pandey v. State of U.P.

Allahabad HC12 Sept 2022BAIL/33812/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application filed by Gokul Kumar Pandey in a cheating-related case. Relying on the principle of parity with a co-accused already on bail and noting the applicant's lack of prior criminal history, the Court granted bail subject to furnishing a bond and sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each, subject to standard conditions including non-interference with witnesses, cooperation in trial, and no further criminal activity.

Gokul Kumar Pandey Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33812 of 2022

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Applicant :- Gokul Kumar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant- Gokul Kumar Pandey with a prayer to release him in Case Crime No.85 of 2022, under section 489B, 489C, 489D IPC, Police Station-Baluwa, District Chandauli, during pendency of the trial.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits that co-accused-Ajay Narayan Singh @ Champu has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 23.08.2022. He submits that since the role of the present applicant is identical to that of co-accused-Ajay Narayan Singh @ Champu, he is also entitled to be enlarged on bail on the ground of parity. He submits that applicant does not have any criminal history except the instant case. He further submits that applicant is languishing in jail since 22.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.

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Learned A.G.A. has vehemently opposed the bail prayer of the applicant, but could not dispute the aforesaid facts on record.

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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 mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, 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, Gokul Kumar Pandey , who is involved in Case Crime No.85 of 2022, under section 489B, 489C, 489D IPC, Police Station-Baluwa, District Chandauli, be released on

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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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Order Date :- 12.9.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.09.14 17:16:18 IST Reason: Location: High Court of Judicature at Allahabad

Gokul Kumar Pandey v. State of U.P.

Case brief

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Gokul Kumar Pandey v. State of U.P.

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