Pradeep Singh @ Vijay Bahadur Vs State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56785 of 2022

Applicant :- Pradeep Singh @ Vijay Bahadur Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A.,Hridaya Lal,Mool Chandra Maurya

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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. 329 of 2022 at Police Station Charkhari, District Mahoba under Sections 352, 342, 286, 307, 374 I.P.C. The applicant is in jail since 28.10.2022.

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The bail application of the applicant was rejected by learned trial court on 22.11.2022.

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The following arguments made by Shri Shiv Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Hridaya Lal, learned counsel for the informant and Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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(1). One pistol was planted on the applicant to frame him in the instant case to show proficiency of the police investigators.

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(2). There is no independent witness to the recovery.

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(3). Prosecution evidence does not connect the applicant with the offence.

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(4). The applicant has explained the criminal history. Learned AGA contends that apart from the instant case, the applicant has one more criminal history. Rejoining this issue, learned counsel for the applicant contends that the applicant is in jail and does not have any effective pairokar. Hence details of the 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 bearing on the instant case.

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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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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 - Pradeep Singh @ Vijay Bahadur 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

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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 :- 16.1.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Pradeep Singh @ Vijay Bahadur v. State of U.P.

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Pradeep Singh @ Vijay Bahadur v. State of U.P.

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