Allowed

Pradeep Kumar v. State of U.P.

Allahabad HC24 May 2023BAIL/13955/2023

Case brief

AI extract

What is this about?

In a bail application under Cr. Misc. No. 13955 of 2023, the applicant challenged implication in an FIR alleging offences under Sections 323, 386, 436, 506 IPC. The court considered the nature of the offence, absence of eyewitness, and uncertainty in trial conclusion, applying principles laid down in Satendra Kumar Antil to allow bail.

What did the court decide?

Applicant released on personal bond with two heavy sureties under conditions including non-tampering with evidence and reporting to police.

Pradeep Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:118767

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13955 of 2023

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Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed by the learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that a concocted and false story has been set up by the prosecution against the applicant whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has not demanded any extortion money. It is further submitted that there is no eyewitness of the alleged incident, applicant has been falsely implicated in the present case. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 2 of the supplementary affidavit. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 24.01.2023.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he

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will misuse the liberty of bail, but, he could not disputed the aforesaid facts.

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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, looking to the uncertainty in conclusion of trial, and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , 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 Pradeep Kumar involved in Case Crime No. 83 of 2023, under Sections 323, 386, 436, 506 I.P.C., Police Station Highway , District Mathura be released on bail on his furnishing a personal bond with two heavy sureties (one should be of family member) each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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(v) The applicant will report to the concerned police Station in first week of every month to show his good conduct and behavior.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 24.5.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Pradeep Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pradeep Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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