Single judge of the Allahabad High Court disposed of a bail application. The court allowed the bail and directed release of the applicant on furnishing a personal bond and two sureties subject to standard conditions.
Release on bail by furnishing a personal bond and two sureties each in like amount to the satisfaction of the court below.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4079 of 2023
Applicant :- Shivam Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Criminal Misc. Amendment Application No. NIL of 2023.
Heard.
The amendment application is allowed.
Necessary amendment be carried out during the course of the day.
Order Date :- 28.1.2023 Kirti
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4079 of 2023
Applicant :- Shivam Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 172 of 2021 at Police Station- Industrial Area, DistrictPrayagraj under Sections 411, 413, 414, 420, 467, 468, 471 IPC. The applicant is in jail since 13.08.2022.
The bail application of the applicant was rejected by the learned trial court on 10.01.2023.
The following arguments made by Sri Vinay Kumar Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant has been nominated by a police informer whose identity is unknown and credentials are uncertain.
(2). The motorcycles were not recovered from the applicant but from the principal offenders.
(3). Prosecution evidence does not connect the applicant with the offence.
(4). The applicant has explained his criminal history. It
is also contended that the applicant has been falsely implicated in the said cases. The applicant belongs to poor economic strata of the society and is convenient scapegoat for the police authorities. The said cases do not have any bearing on the instant bail application.
(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Shivam Pandey be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 28.1.2023 Kirti
Digitally signed by :- KIRTI SAHU High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving charges of cheating, forgery, theft and criminal breach of trust.
Shivam Pandey
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
