Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45106 of 2021 Applicant :- Sachin Pandit Opposite Party :- State Of U.P Counsel for Applicant :- Abhay Pratap Singh,Dinesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. In so far as the involvement of the applicant is concerned, it is at the instance of Vikram, the another co-accused, who was first apprehended by the police, who out of animosity named the applicant to be involved in this case, which is not the factual reality. The article alleged to have been looted has not been recovered from the possession of the applicant. A paltry recovery of Rs. 10,325/- that belongs to the applicant and three mobile phones, bill of one of which has already been shown belonging to the applicant. The case of the present applicant is distinguishable from aforesaid co- accused-Vikram. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 31.07.2021.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Sachin Pandit involved in Case Crime No. 712 of 2021, under Sections - 395, 342, 412, 120B and 34 I.P.C., Police Station - Sector 58, Noida, District - Gautam Buddh Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.30 16:02:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 29.10.2021 / S Rawat