Allowed

Kapildev Pandey and 3 Others v. State of U.P.

Allahabad HC7 Nov 2023BAIL/45281/2023

Case brief

AI extract

What is this about?

High Court allowed bail to Kapildev Pandey and three others in a criminal case pending trial, relying on the ground of parity with a co-accused already on bail and their lack of criminal history.

What did the court decide?

Applicants released on bail by furnishing a personal bond and two heavy sureties each, subject to specific conditions including no tampering with evidence or witnesses.

Kapildev Pandey and 3 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:213890

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45281 of 2023

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Applicant :- Kapildev Pandey And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Kant Tripathi Counsel for Opposite Party :- G.A.,Ashutosh Upadhyay,Neeraj Kumar Singh

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Vidya Kant Tripathi, learned counsel for the applicants and Sri Ashutosh Upadhyay, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record.

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Applicants seek bail in Case Crime No. 202 of 2015, under Sections 323, 427, 452, 504, 506, 147, 308 of I.P.C., Police Station Jigna, District Mirzapur, during the pendency of trial.

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It is submitted by learned counsel for the applicants that similarly placed co-accused person, Krishnadev Pandey, has already been enlarged on bail by another Bench of this Court vide order dated 19.1.2022 passed in Criminal Misc. Bail Application No. 210 of 2022. Learned counsel has further submitted that since the case of the applicants is at par with the co-accused, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. The applicants are languishing in jail since 30.09.2023, having no criminal history. In case, the applicants are released on bail, they will not misuse the liberty of bail and shall cooperate with trial.

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The prayer for bail has been vehemently opposed by learned A.G.A. and learned counsel for the first informant. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicants, have not been disputed by them.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the ground of parity.

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Let the applicants- Kapildev Pandey, Bramhdev, Umashankar Pandey and Lalsahab Pandey, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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i. The applicants will not tamper with the evidence during the trial.

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ii. The applicants will not pressurize/ intimidate the prosecution witness.

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iii. The applicants will appear before the trial court on the date fixed, unless their personal presence are exempted.

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iv. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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v. The applicants 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 or to any police officer or tamper with the evidence.

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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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Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 7.11.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Kapildev Pandey and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kapildev Pandey and 3 Others v. State of U.P.

Case brief

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What did the court decide?

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