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2025 DAILYLAW 113318 (ALL)

LALIT PNDEY AND ANOHER v. STATE OF U.P.

BAIL/47533/2024 · 2025-03-10

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35763 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47533 of 2024 Applicant :- Lalit Pandey And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ritwik Shukla,Santosh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 549 of 2024, under Sections 303(2), 308(5), 329(4), 191(2), 352, 324(2), 115(2), 351(3) B.N.S., Police Station- Dhoomanganj, District- Prayagraj during pendency of the trial. 3. Counsel for the applicants submits that the applicants has been falsely implicated in the instant case. The allegation of theft has been levelled against the daughter of the applicant no.1. In the alleged incident no person has received any injury. At this stage there is neither any credible evidence to establish that any money was demanded by the applicants nor any money was paid. The applicants do not have any criminal history. The applicants are in jail since 30.11.2024. In case they are enlarged on bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the allegation of theft has been levelled against the daughter of the applicant no.1. In the alleged incident no person received any injury. At this stage, there is no substantive evidence to establish that any money was demanded by the applicants or any money was paid. The applicants have no criminal antecedents. Further the applicants have presently remained confined for more than three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. Let the applicants, Lalit Pandey and Vinay Kumar Pandey involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicants shall not tamper with the prosecution evidence; ii. the applicants shall not pressurize the prosecution witness; iii. the applicants shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad