Vinay Pal @ Anshu Pal v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21049 of 2023 Applicant :- Vinay Pal @ Anshu Pal Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Pankaj Kumar Mishra, learned counsel for applicant, learned A.G.A. and perused the record.

¶2This bail application has been preferred by the accused-applicant, Vinay Pal @ Anshu Pal, who is involved in Case Crime No. 05 of 2023, under Sections 392, 411 I.P.C. P.S.- Friends Colony, District-Etawah.

¶3Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the case is triable by the Court of Magistrate. The alleged recovered article has not been identified in accordance with law. As per recovery memo the applicant has not snatched the golden chain of the victim but it is alleged that the applicant has been recognized by the victim Smt. Savitri Devi. It is also alleged that by that time ganja and one motorcycle was also recovered from the possession of accused. The applicant is in jail since 09.01.2023. The criminal history of fourteen cases has been explained in the supplementary affidavit. It is further submitted that there is no likelihood of absconding or tampering with the prosecution evidence.

¶4Learned A.G.A. vehemently opposed the prayer for bail.

¶5In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

¶6Let applicant, Vinay Pal @ Anshu Pal, 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 with the following conditions:

(i) The applicant shall appear on the date fixed by the trial Court;

(ii) The applicant shall not tamper with the prosecution evidence;

(iii) The applicant shall not pressurize the prosecution witnesses;

(iv) The applicant shall appear and mark his attendance before the Station House Officer/Station Officer of the concerned police station in the first week of every month till conclusion of the proceedings before the trial Court.

¶7In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant without any reference to this Court. Order Date :- 6.11.2023 Prajapati High Court of Judicature at Allahabad