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2025 DAILYLAW 26725 (ALL)

PANKAJ RAJPOOT v. STATE OF U.P.

BAIL/8108/2025 · 2025-05-19

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84507 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8108 of 2025 Applicant :- Pankaj Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Verma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Prashant Verma, learned counsel for the applicant and Shri Arimardan yadav, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Pankaj Rajpoot, seeking enlargement on bail in Case Crime No. 492 of 2024, under Section 109 B.N.S. and 3/25/27 Arms Act, Police Station-Bhogaon, District-Mainpuri. 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 18.12.2024. Learned counsel for the applicant submits that the First Information Report has been lodged by the father in law of the applicant with the allegation that applicant has given fire arm shot upon the victim with an intention to kill her. Learned counsel for the applicant submits that the applicant and victim are husband and wife and due to their wedlock two children were born but both of them died and due to this reason the victim tried to harm herself with country made pistol and when the applicant tried to save the victim the bullet fired accidentally. He further submits that the applicant himself has admitted the victim in Saifai Medical College. 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents. 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 Rajpoot, 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 :- 20.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad