Allowed

Pankaj v. State of U.P.

Allahabad HC16 Dec 2023BAIL/48565/2023

Case brief

AI extract

What is this about?

The court allowed the bail application of the applicant in a case of culpable homicide not amounting to murder. Relying on constitutional mandates and overcrowding concerns without adjudging the merits of the case, the applicant was released on bail with personal and surety bonds, subject to strict conditions to prevent tampering with evidence and to ensure court attendance.

What did the court decide?

The applicant released on bail with a personal bond and two sureties in the amount specified by the court.

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

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Neutral Citation No. - 2023:AHC:238549

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48565 of 2023

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Applicant :- Pankaj Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A.,Kuldeep Johri

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Hon'ble Siddharth,J.

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List has been revised.

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Heard learned counsel for the applicant; Sri Vikas Tripathi, Advocate, holding brief of Sri Kuldeep Johri, learned counsel for the informant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Pankaj, with a prayer to release him on bail in Case Crime No. 310 of 2023, under Sections 323, 304, 325 IPC, Police Station Sindhauli, District- Shahjahanpur, during pendency of trial.

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There are allegations against the applicant of causing the offence of culpable homicide not amounting to murder of one person.

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Learned counsel for the applicant has submitted that there is no specific role assigned to the applicant. Recovery of danda was shown from co-accused, Prakash and Karan and recovery of Lathi was shown from co-accused, Munna. No recovery has been made from the applicant. The applicant has been falsely implicated in this case. He has criminal history of two cases to his credit and one case is under Sections 324, 325, 504, 506 IPC and another case is under Gambling Act as pointed out by learned AGA. He is languishing in jail since 12.7.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement

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dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the 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 evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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Order Date :- 16.12.2023 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Pankaj v. State of U.P.

Case brief

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Pankaj v. State of U.P.

Case brief

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