Allowed

Pinkal Kumar v. State of U.P.

Allahabad HC25 Sept 2023BAIL/39451/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 39451 of 2023, the Allahabad High Court allowed the bail application of Pinkal Kumar under Section 439 Cr.P.C. without commenting on the merits, directing his release on personal bond and sureties subject to standard conditions.

What did the court decide?

Released on bail with a personal bond and two sureties on furnishing bond to the satisfaction of the court concerned.

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

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Neutral Citation No. - 2023:AHC:185000

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39451 of 2023

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Applicant :- Pinkal Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anupama Tripathi,Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma, J.

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Heard learned counsel for the applicant virtually, learned prosecution counsel and perused the record.

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The instant bail application, under Section 439 Cr.P.C of the Code of Criminal Procedure, 1973, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 165 of 2023, under Sections 392, 411, 342 I.P.C, Police Station- Ghaziabad, District Hapur, during the pendency of trial.

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Counsel for the applicant submitted that the applicant is home guard in police department having unblemished service record. Submission is that the there was some business between the brother-in-law of the applicant and the informant and there was a dues of Rs. 1, 30,000/- on the informant. The informant was trying to escape the payment of the aforesaid due to the applicant's brother-in-law and on being demanded the amount, the informant has lodged the F.I.R. only to avoid the payment by creating false story. The incident is alleged to have taken place at about 9:30 A.M., however, no alarm was raised by the applicant. Learned counsel for the applicant has lastly contended that the applicant has no criminal history, he is in jail since 03.08.2023 and in case, he is enlarged on bail, he will not misuse the said liberty.

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The prosecution has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on 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 - Pinkal Kumar , involved in the aforesaid case 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 subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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 :- 25.9.2023

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Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Pinkal Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pinkal Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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