Pradeep Pandey v. State of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13402 of 2023 Applicant :- Pradeep Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko Counsel for Applicant :- Uma Shankar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Uma Shankar Verma, the learned counsel for the applicant as well as Sri Sanjay Maurya, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 349 of 2023, under Section 305 I.P.C., registered at Police Station Kotwali Nagar, District Ayodhya.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

08.06.2023 stating that the applicant owns a shop near the informant's shop, where her younger sister used to visit off and on and the applicant used to meet her secretly. The applicant had given a mobile phone and a sim to the informant's sister. The informant's sister committed suicide by hanging herself inside her home on 02.06.2023. The informant alleged that she committed suicide because of harassment by the applicant.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is a 24 years old innocent person, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that besides having given a mobile phone and a sim to the deceased, there is no allegation of any act having been committed by the applicant which may amount to commission of the offence alleged, coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 10.08.2023 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Pradeep Pandey be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 9.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench