Allowed

Basant Janardan Pawar v. State of U.P.

Allahabad HC27 Mar 2023BAIL/58602/2022

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant charged under Sections 380, 411 IPC. Reasons included false implication motives, no incriminating recovery, readiness to cooperate, and lack of luxury criminal history..

What did the court decide?

Released on bail with two sureties (one family member) executant personal bond in like amount as per conditions of non-tampering with evidence and appearance.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58602 of 2022

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Applicant :- Basant Janardan Pawar Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Singh,Kaushal Kumar Counsel for Opposite Party :- G.A.,Sunil Kumar Pathak

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that the F.I.R. was lodged on an application filed under section 156(3) Cr.P.C. by the informant who is first cousin of the applicant. It is next contended that the applicant is not named in the F.I.R. and his name has been surfaced in the confessional statement of co-accused. It is next contended that the applicant is not involved in the crime as alleged in the F.I.R. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is further submitted that there is no independent witness of the recovery that has been shown against the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has 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. It has also been submitted that the applicant is languishing in jail since 20.11.2022 and he has no previous criminal history.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail

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application is allowed.

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Let the applicant Basant Janardan Pawar involved in Case Crime No. 518 of 2022, under Sections 380,411 I.P.C., Police Station Hari Parwat, District Agra be released on bail on his furnishing a personal bond with two sureties (one should be of family member) each in the like amount to the satisfaction of the court concerned with the following conditions.

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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 will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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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 trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 27.3.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Basant Janardan Pawar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Basant Janardan Pawar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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