Pankaj Kumar v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48167 of 2023 Applicant :- Pankaj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Awashesh Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2In terms of the FIR, it was alleged that on the basis of the information received, a search was carried out and from the Bank owned by the applicant, documents pointing out to cloning, was recovered. The FIR itself record that there were no independent witness of the search.

¶3The Counsel for the applicant argues that based upon the recovery, which is not supported by any independent witness, the applicant has been falsely implicated in the offence in question. The applicant has no criminal history.

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

¶5Considering the allegations levelled against the applicant and has no criminal antecedents, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶6Let the applicant Pankaj Kumar be released on bail in FIR/ Case Crime No.216 of 2023, under Sections 411, 419, 420, 467, 468, 471 IPC, Police Station Muhammadabad, District Ghazipur on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 8.11.2023 akverma High Court of Judicature at Allahabad