Allowed

Pankaj Yadav v. State of U.P.

Allahabad HC1 Jun 2023BAIL/24957/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. by Pankaj Yadav in a case involving the U.P. Gangsters Act. The court found a prima facie case for bail after considering criminal history and permitted his release on bond and sureties.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties, subject to specific conditions regarding witness tampering, conduct, and identity verification.

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

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Neutral Citation No. - 2023:AHC:123570

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24957 of 2023

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Applicant :- Pankaj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Gupta,Anju Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Mithilesh Kumar Gupta, learned counsel for the applicant and Sri J.P. Singh, learned AGA for the State.

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This is an application under Section 439 of Cr.P.C. filed on behalf of the applicant, Pankaj Yadav, for enlarging him on bail in connection with Case Crime No. 82 of 2023, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 Police Station- Shadiyabad, District- Ghazipur.

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The bail application preferred by the applicant has been rejected on 12.05.2023.

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Learned counsel for the applicant has argued that the invocation of the provisions under the Gangsters Act is thoroughly impermissible. In view of the fact, that in Case Crime No. 274 of 2022, under Section 60/60(2) of U.P. Excise Act and Sections 272, 420, 467, 468, 471 of I.P.C, read with Section 3/25 of Arms Act, the applicant has been enlarged on bail on 17.01.2023 and insofar as Case Crime No. 77 of 2022, under Sections 323, 504, 508 of I.P.C, the applicant has been enlarged on bail on 23.05.2023. Learned counsel for the applicant submits that he has been falsely implicated in the present case and he is unnecessarily languishing in jail since 05.05.2023.

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Learned AGA on the other hand submits that apart the aforesaid two cases, there are no other criminal cases pending against the applicant.

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Considering the submissions of the rival parties as well as the stand taken by them, prima facie , a case of bail is made out. The applicant is entitled to be enlarged on bail as he has explained the criminal history in totality.

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

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Let the applicant- Pankaj Yadav 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(iv) 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 to any police officer or tamper with the evidence.

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(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 1.6.2023 Mohini

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Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad

Pankaj Yadav v. State of U.P.

Case brief

What is this about?

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Pankaj Yadav v. State of U.P.

Case brief

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