Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45031 of 2017 Applicant :- Anand Kumar Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Pandey,Manju Rani Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Anand Kumar Pandey in Case Crime No. 297 of 2017, under Sections 304 I.P.C., Police Station- Gopiganj, District- Bhadohi with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is wholly innocent and he has been falsely implicated in the present case. It is next contended that the applicant was not named in the first information report; his name surfaced after two days of the incident in the statement of Mukesh Bind. Learned counsel for the applicant has drawn the attention of this court towards the statement of Mukesh Bind recorded under Section 164 Cr.P.C. in which role of catching hold and strangulation has been attributed to applicant and co-accused Satyam Mishra. It is further submitted that similarly placed co-accused Satyam Bind has been enlarged on bail by a coordinate Bench of this Court vide an order dated 21.11.2017 passed in Criminal Misc. Bail Application No. 45030 of 2017. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 11.08.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Anand Kumar Pandey be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018/ Vikas