Applicant :- Pawan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Niwas Kumar Gupta,Rajesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri N. K. Gupta, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Opposite Party and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Pawan Kumar, seeking enlargement on bail in Case Crime No. 355 of 2024, under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and section 66-D of the Information Technology Act, Police Station Panaki, District Kanpur Nagar.

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Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. On the basis of informer's information that individuals, who committed ATM fraud were waiting for some persons in a white colour Creta Car and an Ecosport Car, which is without number. Police reached there and arrested seven persons including the applicant. One mobile phone, 6 ATM Cards along with Rs. 200/- have been recovered from the possession of the applicant. There is no independent witness of the alleged recovery and also there is no evidence, which shows that ATM cards, which were recovered from the possession of the applicant, were used to commit the fraud and also there is no recovery of large amount of money from the possession of the applicant to establish the offence alleged. There is no F.S.L. report on record to prove any forgery.

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Learned counsel for the applicant argued that the accusedapplicant is innocent and has been falsely implicated in this case crime number. The applicant has criminal antecedent of two cases have been clearly explained in Para No. 26 of the bail application and in both the cases applicant is not named in the F.I.R. It is

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further submitted that on the similar footing the co-accused, Rohan Singh and Manish Kumar have been granted bail by this Court vide order dated 17.01.2025 and 21.01.2025 passed in Criminal Misc. Bail Application No. 44744 of 2024 and Criminal Misc. Bail Application No, 46101 of 2024 respectively, therefore, applicant is also entitled to be released on bail. The applicant is languishing in jail since 06.10.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.

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Learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Pawan Kumar, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 11.2.2025 pks

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Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad

Pawan Kumar v. State of U.P.

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