Allowed

Ram Ujagir Pandey v. State of U.P.

Allahabad HC17 Oct 2023BAIL/36815/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the court granted bail to an 80-year-old applicant falsely implicated in a criminal case involving criminal breach of trust and conspiracy. The court released him on personal bond and sureties upon consideration of his age and lack of anticipatory evidence of tampering.

What did the court decide?

Applicant released on bail on personal bond and two sureties on conditions not to tamper with evidence, pressurize witnesses, and to appear in court.

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

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Neutral Citation No. - 2023:AHC:200223

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36815 of 2023

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Applicant :- Ram Ujagir Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 29 of 2023, under Sections 409, 120B I.P.C., Police StationKaptanganj, District- Basti during pendency of the trial.

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Counsel for the applicant submits that the applicant is aged 80 years and has been falsely implicated in the instant case. The applicant had never been the president of the Committee of Management of the alleged college. The applicant has not transferred any money in his account, which was reserved for purchase of school dress. He further submits that without prejudice to his rights in the trial the applicant has deposited a demand draft of Rs.23000/- in favour of the alleged Prabandh Samiti, Bairikhala Poorva Madhyamic Vidhyalay, Borikala Gaur Basti in the trial court on 27.9.2023. The applicant does not have any criminal history. The applicant is in jail since 12.7.2023. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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The Committee of Management of the Poorva Madhyamic Vidhyalay, Borikala Gaur Basti is at liberty to receive the said draft from the trial Court. The receipt of the amount shall not prejudice the defence of the applicant in the trial.

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Further, considering the fact that the applicant is aged 80 years old and at present there is no substantive evidence against the applicant. The applicant has no criminal antecedents and has

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presently remained confined for more than three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Ram Ujagir Pandey involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not tamper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 17.10.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Ram Ujagir Pandey v. State of U.P.

Case brief

What is this about?

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Ram Ujagir Pandey v. State of U.P.

Case brief

What is this about?

What did the court decide?

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