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Neutral Citation No. - 2025:AHC:13987 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43584 of 2024 Applicant :- Pankaj Kumar Dwivedi Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Dinesh Kumar Misra, learned counsel for the applicant, Sri Anita Singh, holding brief of learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Pankaj Kumar Dwivedi, seeking enlargement on bail in Case Crime No. 174 of 2024, under Sections 420, 467, 468, 471 of the Indian Penal Code & Section 10/11, Prohibition of Child Marriage Act, Police Station- Sefai, District- Etawah.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since
13.09.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is not named in the FIR. No specific role has been levelled against the applicant. Co- accused, Vikas Dubey and Aasiv Khan have already been granted bail by this Court vide order dated 26.11.2024 and 09.01.2025 by Co-ordinate Bench and this Court passed in Criminal Misc. Bail Application No. 43328 of 2024 and 39488 of 2024. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed.
Let the accused-applicant, Pankaj Kumar Dwivedi, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad