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Pawan Kumar vs State Of U.P. on 20 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

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Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 7196 of 2020

Applicant :- Pawan Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Satya Narayan Yadav

Counsel for Opposite Party :- G.A.,Nirbhay Singh

Hon’ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

Accused-applicant, involved in Case Crime No.575 of 2019, under Sections 147, 148, 149, 307, 323, 504, 506, 34 I.P.C., Police Station Shikohabad, District Firozabad, applied for bail.

Learned counsel for the applicant submits in following manner :-

(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.

(ii) As per prosecution story, the applicant is alleged to have opened fired upon the victim Satyaveer with Tamancha but there is no injury of fire arm. There is general allegation against all the accused person. Although applicant is named in F.I.R. but he has no concern with the present case. The criminal history shown by prosecution under Section 354 I.P.C. has been ended in final report as no charge sheet has been submitted against the applicant.

(iii) Applicant is in jail since 9.1.2020. There is no possibility of the applicant’s fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant along with other co-accused have assaulted the victim Satyaveer causing 12 serious injuries but conceded that there is no injury of fire arm.

Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.

Accordingly, bail application is allowed.

Let applicant Pawan Kumar be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

1. The applicant shall not tamper with the evidence or threaten the witnesses.

2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

3. During trial, he shall not indulge in any criminal activities or case.

In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

Order Date :- 20.2.2020

Manoj

 

 

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