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ALLAHABAD HIGH COURT
PAWAN @ PINKA – Appellant
Versus
State – Respondent
BAIL/52646/2022
BAIL - SECTION 457, 380, 411 IPC - SUMMARY
Fact of the Case:
The applicant was arrested and charged with offenses under Sections 457, 380, and 411 of the Indian Penal Code (IPC). He filed a bail application, which was rejected by the trial court. The applicant then filed a bail application in the High Court.
Finding of the Court:
The High Court allowed the bail application, holding that the applicant had made out a case for bail. The court noted that the applicant had no criminal history, that the evidence against him was weak, and that he was not a flight risk.
Issues: Whether the applicant was entitled to bail.
Ratio Decidendi: The court held that the applicant was entitled to bail because he had made out a case for bail. The court noted that the applicant had no criminal history, that the evidence against him was weak, and that he was not a flight risk.
Final Decision: The High Court allowed the bail application.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52646 of
2022
Applicant :- Pawan @ Pinka
Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Shyam Shanker Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has
prayed to be enlarged on bail in Case Crime
No.746 of 2022 at Police Station-Kotwali Nagar,
District-Eta under Sections 457, 380, 411 IPC. The
applicant is in jail since 08.10.2022.
The bail application of the applicant was rejected
by the learned trial court on 01.11.2022.
The following arguments made by Shri Ram
Shyam Shanker Pandey, learned counsel on behalf
of the applicant, which could not be satisfactorily
refuted by Shri Rishi Chaddha, learned A.G.A.
from the record, entitle the applicant for grant of
bail:
(1). Rs.20,000/-, 2 to 3 Kg. white metal and one
license pistol were planted on the applicant to
implicate him in this case to burnish the credentials
of the police authorities.
(2). The money and the pistol belong to the
applicant.
(3). There is no independent witness to the
recovery.
(4). No forensic science laboratory report drawn up
in accordance with the latest scientific protocol by
experts which confirms that the metallic substances
were made of precious metal has been produced.
(5). The applicant does not have any criminal
history apart from this case.
(6). The applicant is not a flight risk. The applicant
being a law abiding citizen has always cooperated
with the investigation and undertakes to cooperate
with the court proceedings. There is no possibility
of his influencing witnesses, tampering with the
evidence or reoffending.
In the light of the preceding discussion and without
making any observations on the merits of the case,
the bail application is allowed.
Let the applicant-Pawan @ Pinka be released on
bail in the aforesaid case crime number, on
furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court
below. The following conditions be imposed in the
interest of justice:-
(i) The applicant will not tamper with the evidence
or influence any witness during the trial.
(ii) The applicant will appear before the trial court
on the date fixed, unless personal presence is
exempted.
Order Date :- 11.1.2023
Ashish Tripathi
Digitally signed by :-
ASHISH NAYAN TRIPATHI
High Court of Judicature at Allahabad
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