Ankur Pal v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49812 of 2023 Applicant :- Ankur Pal Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Rakesh Dubey, learned counsel for the applicant and Sri S.P. Pandey, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 141 of 2023, under Sections 34, 419, 420, 467, 468, 471, 140, 171, 120-B of I.P.C., Police Station Swaroop Nagar, District Kanpur, during the pendency of trial.

¶4As per prosecution story, the named accused person, Himanshu Sharma is stated to have duped several persons to the tune of Rs.6000 to Rs. 8000/- each on the pretext that they shall be provided a job in Indian Army.

¶5Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR. The applicant is not named in the FIR. His name has come up in the confessional statement of arrested co-accused person Himanshu Sharma, which is not admissible in law. Learned counsel has further stated that several incriminating articles have been recovered from the possession of the accused Himanshu Sharma. Nothing has been recovered from the possession of the applicant.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has no previous criminal history except a case under the Gangsters Act which has been instituted subsequent to the present FIR. The applicant is languishing in jail since 21.08.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

¶7Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no previous criminal history.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Ankur Pal involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. 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.

¶10In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶11Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶12It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 30.11.2023 Siddhant High Court of Judicature at Allahabad