Allowed

Pramod Kumar v. State of U.P.

Allahabad HC1 Nov 2023ABAIL/11933/2023

Case brief

AI extract

What is this about?

The High Court allowed the anticipatory bail application of Pramod Kumar, who was falsely implicated in a case under Sections 380, 457, and 411 IPC. The court relieved him on bail with conditions including availability for interrogation and refraining from influencing witnesses.

What did the court decide?

The applicant Pramod Kumar is released on anticipatory bail with personal and two sureties under specified conditions.

Pramod Kumar Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:208765

¶2

Court No. - 72

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11933 of 2023

¶4

Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dubey,Abrar Alam Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

Heard Sri P.K. Singh, Advocate holding brief of Sri Sunil Kumar Dubey, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State as well as perused the record.

¶8

The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.374 of 2023, registered under Sections 380, 457, 411 I.P.C. at Police StationAfzalgarh, District- Bijnor with a prayer to enlarge him on anticipatory bail.

¶9

Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. The applicant is not named in the FIR and his name has come up in the statement of arrested co-accused person Supervisor Atul Kumar, which is not admissible in evidence. Learned counsel has stated that recovery has been made from the said co-accused Atul Kumar under whose control there are 90 mobile towers. The applicant has nothing to do with the said offence. There is no criminal history of the applicant.

¶10

Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. Learned counsel has stated that the applicant undertakes that he has cooperated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

¶11

Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the

¶12

submissions raised by the learned counsel for the applicant.

¶13

On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶14

In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Pramod Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶15

(i). that the applicant shall make himself available for interrogation by a police officer as and when required;

¶16

(ii). that the applicant shall not, directly or indirectly make any 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 or to any police officer or tamper with the evidence;

¶17

(iii). that the applicant shall not leave India without the previous permission of the court;

¶18

(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

¶19

(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

¶20

(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶21

(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

¶22

It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

¶23

Order Date :- 1.11.2023 Vikas

¶24

[Krishan Pahal, J.]

¶25

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Pramod Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pramod Kumar 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Radheyshyam @ Bholoo Vs State of U.P. and Another

Majid Vs State of U.P.

Rinkul Goswami Vs State of U.P. and Another

Mohd Nihal Vs State of U.P.

Jagdish Prasad Vs State of U.P.

Vinod Singh Vs State of U.P. and 2 Others