Allowed

Pankaj Yadav v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC5 Jan 2024/9362/2023

Case brief

AI extract

What is this about?

The High Court allowed bail to Pankaj Yadav in a pending bawah trial, noting that identically placed co-accused persons had been granted bail by coordinate benches.

What did the court decide?

The applicant Pankaj Yadav was released on bail upon furnishing a personal bond with two sureties subject to conditions regarding evidence tampering, trial cooperation, and abstinence from new crimes.

Pankaj Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1517

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9362 of 2023

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Applicant :- Pankaj Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajai Kumar Shukla,Vikas Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Ajai Kumar Shukla, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Pankaj Yadav for grant of bail, in Case Crime No. 14/2023, under Sections 120-B, 411, 413 IPC, Police Station Maheshganj, District Pratapgarh, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. The FIR of this case has been lodged on the basis of false and fabricated facts. Though the recovery has been shown from the applicant and other co-accused persons, it has not been mentioned as to how the material allegedly recovered from the joint possession of the applicant and other co-accused persons was stolen and if stolen from whom.

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It is further submitted that identically placed co-accused persons, namely, Sonu Singh @ Abhishek Pratap Singh, Shubham Yadav and Karan Saroj @ Dulli Saroj and Satyam @ Vikas Yadav have been granted bail by the Coordinate Benches of this Court, vide orders dated 13.4.2023, 3.8.2023 and 4.10.2023 passed in Crl. Misc. Bail Applications No. 5012 of 2023, 9767 of 2023 and 11531 of 2023. Criminal history of 4 cases have explained in paragraph 3 of the supplementary affidavit filed today and in these cases the applicant has been granted bail. The applicant is in jail in this case since 19.01.2023 and there is no apprehension that the accusedapplicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. Charge sheet in this case has already been submitted.

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Learned A.G.A., however opposes the prayer of bail of the applicant but could not refute the submissions made on behalf of the applicant that identically placed co-accused persons have been granted bail by the Coordinate Benches of this Court.

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Having heard learned counsel for the parties and having perused the record, it is reflected that co-accused persons, namely, Sonu Singh @ Abhishek Pratap Singh, Shubham Yadav and Karan Saroj @ Dulli Saroj and Satyam @ Vikas Yadav have been granted bail by the Coordinate Benches of this Court and they are identically placed with the instant applicant. The criminal history of the applicant has been adequately explained. Apart from confessional statement of the applicant and recovery pertaining to which serious dispute has been raised by learned counsel for the applicant, there is no other evidence against the applicant. The applicant is in jail in this case since 19.01.2023. His presence may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Pankaj Yadav involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 5.1.2024/Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Pankaj Yadav v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Pankaj Yadav v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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