Allowed

Pawan Pandey v. State of U.P.

Allahabad HC20 Jun 2023BAIL/14548/2023

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court allowed the bail of Pawan Pandey in a case involving kidnapping, assault, and intimidation allegations. The court found a case for bail made based on the gravity of charges and available evidence.

What did the court decide?

Release on bail on personal bond and two sureties with conditions.

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

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Neutral Citation No. - 2023:AHC:127443

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14548 of 2023

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Applicant :- Pawan Pandey Opposite Party :- State of U.P. Counsel for Applicant :- A.B.N.Tripathi,Satyawan Yadav,Shiv Bahadur Singh Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and gone through the record.

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This bail application has been moved on behalf of accusedapplicant-Pawan Pandey, who is involved in Case Crime No. 713 of 2022 under Sections 323, 325, 342, 364 and 506 I.P.C., Police Station-Kotwali Deoria, District-Deoria.

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The F.I.R. of this case has been lodged on 08.10.2022 at 19.03 hours with regard to the incident dated 07.10.2022 at 8.30 p.m. According to the allegations of the F.I.R. at 8.30 p.m. the first informant Narendra Mani was called through mobile phone by one Pawan Kumar Pandey alias Pawan Shah alias Rakesh Pandey near Hanuman Mandir Pokhra. As soon as the first informant reached there, accused putting pistol on his chest, dragged him in a car; took him on Beldad Road; severely beaten and threw him in the field. Three other persons were also accompanying Pawan Pandey. They assaulted him with fists, kicks and hockey. They also threatened him with death. It is also alleged that on 06.10.2022 one Smt. Poonam Devi came to the first informant complaining about transaction of money taken by the accused from her and on intervention of the first informant, the accused has committed the

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alleged offence.

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Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. The F.I.R. was initially lodged under Sections 342, 323 and 506 I.P.C. The first informant is an advocate. The prosecution proved its version during course of investigation and ultimately charge-sheet was submitted adding Section 364 I.P.C. also. During investigation, the Investigating Officer has noted that no trace of taking the first informant by car has been found. In fact the first informant himself has made phone call to the accused and not vice versa as alleged in the F.I.R. So entire prosecution story is concocted. It is further submitted that all the injuries of the first informant, except one injury on finger, are simple in nature. Hairline fracture has been found on the ulna. Lastly, it is contended that charge-sheet has been submitted only against the applicant while there are allegations in the F.I.R. that three other persons were also involved in the incident. It is further contended that a trivial issue has been given colour of heinous offence. The criminal history of one case has been explained in para-9 of the Rejoinder Affidavit. The applicant is on bail in that case. The applicant is in jail since 19.01.2023. The applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail, will not tamper with prosecution evidence and cooperate with trial. He is ready to furnish sufficient and reliable sureties. Therefore, the applicant may be released on bail during pendency of trial.

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Learned A.G.A. appearing for the State contended that the applicant is named in the F.I.R. and there are allegations that with intention to kill, the applicant kidnapped the first informant. The injury report further corroborates the allegations of the F.I.R. as

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first informant has received visible injuries on his body, so the offence is heinous and bail is opposed.

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Considering rival submissions of the parties, nature of allegations made in the F.I.R., the nature and gravity of offence, the evidence and other material available in the case diary and all other facts and attending circumstances of the case, without expressing any opinion on merits of case, this court is of the opinion that a case for grant of bail to the applicant is made out.

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The bail application is, accordingly, allowed.

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Let the applicant-Pawan Pandey involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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i. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial

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ii. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In breach of any condition enumerated above, the trial court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 20.6.2023 MN/-

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Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad

Pawan Pandey v. State of U.P.

Case brief

What is this about?

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Pawan Pandey v. State of U.P.

Case brief

What is this about?

What did the court decide?

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