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2025 DAILYLAW 52074 (ALL)

PANKAJ KUMAR v. STATE OF U.P.

BAIL/14633/2025 · 2025-07-17

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117296 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14633 of 2025 Applicant :- Pankaj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Kumar Chaubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Raghvendra Yadav, Advocate holding brief of Sri Vikas Kumar Chaubey, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.66 of 2025, under Sections 60, 63 UP Excise Duty/Excise Act and Sections 338, 336(3), 340(2) B.N.S., Police Station- Cheelh, District- Mirzapur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant has nothing to do with the said offence. A false recovery of 240 bottles of illicit liquor has been foisted on the five accused persons in all including the applicant. The applicant has been implicated in this case by the police just to show good work. 5. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 28.3.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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. 8. Let the applicant- Pankaj Kumar, who is involved in aforementioned 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 18.7.2025 Vikas/- (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad