Padam Pandey Alias Padhamdhar vs State of U.P.

Neutral Citation No. - 2025:AHC:58702

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2356 of 2025

Applicant :- Padam Pandey Alias Padhamdhar Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Mishra,Shivajee Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

Heard Sri Shivajee Srivastava, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record.

¶8

Applicant seeks bail in Case Crime No. 1025 of 2018, under Sections 376 & 506 of IPC, Police Station - Naini, District - Prayagraj, during the pendency of trial.

¶9

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two months and there is no explanation of the said delay caused.

¶10

Learned counsel has also stated that the instant case is a misuse of law as the informant is used to file several FIRs which is five in numbers against other persons. The details of said FIRs has been given in para nos. 19 to 21 of the affidavit filed along with bail application. There is no medical corroboration of the incident.

¶11

Learned counsel has further stated that criminal history assigned to the applicant stands explained in para- 28 of the affidavit filed along with bail application. The applicant is languishing in jail since 25.11.2018 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶12

Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶13

In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648 , the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.

¶14

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

¶15

Let the applicant- Padam Pandey Alias Padhamdhar , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶16

i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

¶17

iii) The applicant will appear before the trial court on the date fixed.

¶18

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

¶20

Order Date:- 21.4.2025 Siddhant

¶21

(Justice Krishan Pahal)

¶22

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Padam Pandey Alias Padhamdhar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Padam Pandey Alias Padhamdhar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Omveer vs State of U.P.

Rahul Maurya vs State of U.P.

Sanjay vs State of U.P.

Gulel Alias Ajai vs State of U.P.

Manni Alias Mobin vs State of U.P. and 3 Others

Tanuj Dhaka vs State of U.P.