Allowed

Nitish Kumar Pandey v. State of U.P.

Allahabad HC29 Nov 2022BAIL/44407/2022

Case brief

AI extract

What is this about?

Application for bail was heard. Counsel submitted the applicant is innocent and a compromise was arrived at. The court found it a fit case for bail without expressing opinion on merits and granted bail subject to additional conditions.

What did the court decide?

Enlargement on bail through personal bond and two sureties subject to additional conditions regarding evidence, adjournments, attendance, and misuse of liberty.

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

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44407 of 2022

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Applicant :- Nitish Kumar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,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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The applicant is involved in Case Crime No. 271 of 2022, under Sections 323,506,503,406,384,354-Ka,376 IPC & 67 I.T. Act, Police Station- Pateharawa, District- Kushinagar.

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Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the aforesaid crime. The applicant has not committed any offence as alleged in the FIR. Allegation against the applicant is that he committed blackmailing for demanding money from the prosecutrix before her marraige. Learned counsel further submits that in the statement of the victim recorded U/s 161 & 164 CrPC, she clearly stated that before her marriage, the applicant made physical relationship with the victim at her own free will as there was love affairs between the applicant and the victim since 2013 and as such she is the consenting party. It is further submitted a compromise was also arrived at between the parties. There is no any evidence that the prosecutrix gave alleged money to the applicant. The victim is major aged about 27 years. Thus, no offence is made out against the applicant.

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Learned counsel further submits that the applicant has no previous criminal history and is in jail since 21.7.2022. Learned counsel further submits that if the applicant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.

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Learned A.G.A. for the State has vehemently opposed the prayer for bail and submitted that the offence is serious in nature and applicant has no ground to be released on bail and the bail application is liable to be rejected.

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After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of applicant.

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Bail Application is allowed .

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Let applicant- Nitish Kumar Pandey be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence of witnesses and shall not commit any offence.

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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 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 through his counsel. In case of his absence, without sufficient 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 sufficient 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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Order Date :- 29.11.2022 Shravan

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Digitally signed by SHRAVAN KUMAR Date: 2022.11.29 17:21:54 IST Reason: Location: High Court of Judicature at Allahabad

Nitish Kumar Pandey v. State of U.P.

Case brief

What is this about?

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Nitish Kumar Pandey v. State of U.P.

Case brief

What is this about?

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