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2025 DAILYLAW 30490 (ALL)

PANKAJ KUMAR PRAJAPATI ALIAS PAWAN KUMAR SINGH v. STATE OF U.P.

BAIL/9270/2025 · 2025-03-18

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39121 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9270 of 2025 Applicant :- Pankaj Kumar Prajapati Alias Pawan Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Adya Shankar Chaturvedi,Arvind Agrawal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.577 of 2024, registered under Sections 419, 420, 467, 468, 471, 504, 506, 170, 406 I.P.C., P.S. Kaptanganj, District Kushinagar, during pendency of the trial. 3. As per F.I.R. allegation, informant transferred Rs.7,18000/ in the account of applicant and other co-accused on assurance that they provide job in the Indian Army. Thereafter, the accused person issued fabricated joining letter. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. All the allegation alleged in the F.I.R. is false and fabricated. Though, the charge sheet has been submitted against the applicant and co- accused persons but the I.O. has not collected any evidence with regard to transfer of money in the account of the applicant and there is no evidence that joining letter has been issued by the applicant. The applicant has no criminal history. The applicant is languishing in jail since 29.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co- operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant- Pankaj Kumar Prajapati @ Pawan Kumar Singh, who is involved in the aforesaid case 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. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad