Allowed

Pawan Kumar @ Pawan Arya v. State of U.P.

Allahabad HC4 Dec 2023BAIL/50578/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a trial for murder and intentional causing of hurt. The court observed the slow trial pace and lack of conviction evidence as factors favoring release, imposing standard bail conditions with sureties.

What did the court decide?

Applicant released on personal bond and two heavy sureties subject to standard bail conditions including attendance and no tampering.

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

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Neutral Citation No. - 2023:AHC:229888

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50578 of 2023

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Applicant :- Pawan Kumar @ Pawan Arya Opposite Party :- State of U.P. Counsel for Applicant :- Dhananjai Rai Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Supplementary affidavit filed by learned counsel for the applicant, today in the Court is taken on record. Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.

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This instant bail application moved on behalf of the applicant for enlarging him on bail in Sessions Trial No. 771 of 2016 arising out of Case Crime No.542 of 2016 under Sections 302, 286, 504, 506 I.P.C. and Section 7 of Criminal Law (Amendment) Act, registered at P.S. Colonelganj, District Prayagraj.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the charges levelled against him and that there is no direct evidence against the applicant. It is submitted by learned counsel for the applicant that the statement of P.W.1, P.W.2 and P.W.3 have been recorded before the trial Court, ergo there is no chance of tampering the evidence. He further submits that the applicant is languishing in jail since last more than seven years and that the trial is progressing at a slow pace and has relied upon the judgment rendered by Hon'ble the Supreme Court in the case of Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another passed in Special Leave to Appeal (Crl.) No. 1627 of 2022 to submit that prolonged incarceration of a person as an under trial is against his fundamental rights under Article 21 of the Constitution of India. It is submitted that there is no occasion now for the applicant to tamper with any witness or to flee from judicial process.Several other submissions in order to demonstrate the falsity of the

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allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 09.06.2016. The criminal history of the applicant has been explained in the supplementary affidavit.

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Per contra, learned AGA opposed the prayer for bail but admitted the facts that the applicant is in jail since last more than seven years.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Pawan Kumar @ Pawan Arya be released on bail in the aforesaid case crime number on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner

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whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails 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 I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Order Date :- 4.12.2023 Mustaqeem/S.Ali

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Pawan Kumar @ Pawan Arya v. State of U.P.

Case brief

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What did the court decide?

Pawan Kumar @ Pawan Arya v. State of U.P.

Case brief

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