Advocates:
['IRSHAD AHMAD', '', 'AJAY KUMAR PANDEY', 'MATIUR REHMAN KHAN', 'G A', '', 'AMAR NATH TIWARI']

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12270

of 2022

Applicant :- Pradyumn Pandey @ Manish Pandey

Opposite Party :- State of U.P.

Counsel for Applicant :- Irshad Ahmad,Ajay Kumar

Pandey,Matiur Rehman Khan

Counsel for Opposite Party :- G.A.,Amar Nath Tiwari

Hon'ble Mrs. Sadhna Rani (Thakur),J.

A supplementary affidavit filed by the learned counsel for the

applicant is taken on record.

Heard learned Counsel for the applicant, learned counsel for the

first informant as well as learned A.G.A. and perused the

record.

The accused- applicant is involved in Case Crime No.02 of

2022, under Section 419, 420, 467, 468, 471, 147, 328, 386,

368, 302, 201, 120-B I.P.C., Police Station Bariyarpur, District-

Deoria.

It is submitted by the learned counsel for the applicant that as

per the FIR Arun Kumar Kumar is said to have kidnapped the

complainant and after administering him noxious tablets and by

putting him under threat and pressure, without paying any

consideration got a sale deed executed and the present applicant

is said to have helped him as a tout. The Investigating Officer

found no role of the applicant in the offence and thereafter

moved an application under section 169 Cr.P.C. in the court

which was accepted vide order dated 8.8.82022, the trial court

ordered the applicant to be released on bail on furnishing a

personal bond of Rs. 50,000/0. The applicant is still in jail from

16.1.2022, hence, the prayer for bail is made.

Per contra learned counsel for the first informant opposed the

prayer for bail of the applicant.

From perusal of the supplementary affidavit, it is found that

Dilip Shukla, the I.O., crime branch, Gorakhpur moved an

application before the trial court on 5.8.2022 that during

investigation the applicant was arrested on 16.1.2022 and he is

in jail since then. The primary investigation was done by the

I.O. Ashutosh Kumar and after investigation chargesheet no. A-

54/22 date 12.4.2022 was filed against the applicant and the

investigation was in progress against the rest accused persons

vide order dated 29.3.2022 of Additional Director General of

Police, the investigation was given to him and after

investigation he found that implication of the applicant in the

offence is wrong, so it is not proper to keep the applicant under

detention, hence, the prayer was made to pass an order under

section 169 Cr.P.C. Vide order dated 8.8.2022, the trial court

accepted this application and ordered the applicant to be

released on furnishing personal bond of Rs. 50,000/- The

applicant is in jail till now.

Having heard the submissions of learned counsel for the parties,

considering the seriousness of the charge and the severity of

punishment in case of conviction and the nature of supporting

evidence, prima facie satisfaction of the Court and without

expressing any opinion on the merit of the case, I find it to be a

case of bail.

The bail application is allowed.

Let the applicant Pradyumn Pandey @ Manish Pandey, who is

involved in aforesaid crime be released on bail on his furnishing

a personal bond and two sureties each in the like amount to the

satisfaction of the court concerned subject to following

conditions.

1. The applicant will attend and co-operate the trial proceedings

pending before the court concerned on the dates fixed after

release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail

period.

The identity, status and residential proof of sureties will be

verified by the court concerned and in case of breach of any of

the above conditions, the court below shall be at liberty to

cancel the bail and send the applicant to prison.

It is clarified that the observations, if any, made in this order are

strictly confined to the disposal of this bail application and must

not be construed to have any reflection on the ultimate merits of

the case.

In case of breach of of any of the abov