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2025 DAILYLAW 190451 (ALL)

PREETAM PANDEY v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME

BAIL/4938/2024 · 2025-10-07

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4938 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit, filed by learned counsel for the applicant, is taken on record. 2. Heard Shri Ravindra Shukla, learned counsel for the applicant, Shri Ajay Madhavan, learned counsel appearing for the informant as well as learned AGA for the State and perused the material available on record. 3. The applicant seeks enlargement on bail in F.I.R./Case Crime No. 65 of 2023, under Sections 302, 307, 325, 504, 506, 120-B and 34 I.P.C., Police Station Kurwar, District Sultanpur. 4. In terms of the F.I.R., it was alleged that on 04.03.2023 at about 6:00 pm., the son of the informant was coming with one Chhullu Nishad on the motorcycle and on the way, all the accused including the present applicant on account of old enmity caused firearm injuries as a result whereof, Dharmendra Nishad suffered gun shot injury in the stomach and, the co- accused Chhullu Nishad also suffered injuries on the hand. 5. In the light of the said allegation, learned counsel for the applicant draws my attention to the statement of the injured Chhullu Nishad @ Arjun, which is on record, wherein he stated that he did not recognize any of the assailants and there was no enmity in between, then and anyone else. In view thereof, the main eye witness to the incident, has not supported the prosecution story, the applicant is in custody since 05.03.2023 and he is having criminal history of four cases, which is pertaining to minor penal offences as such, the applicant is entitled to be enlarged on bail. Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A., Ajay Madhavan Preetam Pandey .....Applicant(s) State Of U.P. Thru. Its Secy. Deptt. Of Home .....Opposite Party(s) 6. Learned A.G.A. as well as learned counsel for the informant have opposed the bail application. 7. Considering the facts and circumstances of the case coupled with the fact that applicant is in custody for more than two and half years i.e. since 05.03.2023 without any criminal antecedents, the applicant is enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant- Preetam Pandey be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 7, 2025 Praveen BAIL No. 4938 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench