Bajrangi Lal Vs State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53779 of 2022

Applicant :- Bajrangi Lal Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Srivastava,Prashant Shrivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.355 of 2022 at Police Station-Mauranipur, District-Jhansi under Sections 419, 420, 467, 468, 471, 120B IPC. The applicant is in jail since 30.08.2022.

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The bail application of the applicant was rejected by learned trial court on 02.11.2022.

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The following arguments made by Shri Pankaj Srivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malivya, learned A.G.A.-I from the record, entitle the applicant for grant of bail:

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(1). The applicant did not induce the informant to part with money with the promise of a job.

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(2). The applicant has been nominated on account of a money dispute between the parties.

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(3). The criminal case is being leveraged in the disputed money claim made by the informant.

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(4). The applicant has explained his criminal

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history. It is contended that the applicant has been falsely nominated in the said cases only to burnish the credentials of the police authorities. The said cases do not have any bearing on the instant bail application.

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(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.

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Learned AGA contends that apart from the instant cases, the applicant has one more case pending against him.

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Rejoining this issue, learned counsel for the applicant contends that the applicant is in jail and does not have any effective pairokar. Hence particulars of the said case could not be disclosed in the bail application. However, relying on the records available with the learned AGA and the instructions received from his client, learned counsel for the applicant submits that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant was falsely framed in the said case and the said case does not have any

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bearing on the instant case.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Bajrangi Lal 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:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 19.1.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Bajrangi Lal v. State of U.P.

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Bajrangi Lal v. State of U.P.

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