Allowed

Prateek Pandey v. State of U.P.

Allahabad HC21 Dec 2022BAIL/58698/2022

Case brief

AI extract

What is this about?

The Court allowed bail to an applicant charged under Sections 147, 302, 120B, 34 IPC. The applicant, claiming false implication, was released on personal bond and sureties after the State could not satisfactorily dispute his submissions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to conditions restraining tampering with evidence and witnesses.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58698 of 2022

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Applicant :- Prateek Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.64 of 2022 at Police Station-Karchchana, DistrictAllahabad under Sections 147, 302, 120B, 34 IPC. The applicant is in jail since 06.10.2022.

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The bail application of the applicant was rejected by the learned Sessions Judge, Allahabad on 14.11.2022.

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Shri Suneel Kumar Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has not been named as one of the principal offender in the F.I.R. The F.I.R. has nominated several persons who are responsible for abducting the brother of the deceased. The applicant was nominated as a conspirator in a subsequent statement made by the first informant before the police authorities. The applicant was nominated as an afterthought. No incriminating article which can be connected with the offence has been made from the applicant. The prosecution evidence does not

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connect the applicant with the offence. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to the co-accusedRahul Balmiki, who has been granted bail by this Court on 19.09.2022 in Criminal Misc. Bail Application No.34553 of 2022.

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Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case. The applicant resides in Allahabad with his family where he runs a tea shop. He is not a flight risk. The applicant is a law abiding citizen who has cooperated with the police investigation and shall join the trial. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Sunil Kumar Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. He does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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

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Let the applicant- Prateek Pandey be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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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 any averment made in the bail application or the submissions during the argument are found to be false or 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 :- 21.12.2022 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Prateek Pandey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prateek Pandey v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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