PANKAJ ALIAS SUJEET KUMAR VISHWAKARMA v. STATE OF U.P.
BAIL/17835/2025 · 2025-08-21
Ashutosh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56893 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56893 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:145732 Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17835 of 2025
Applicant :- Pankaj Alias Sujeet Kumar Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Sr. Advocate,Vinayak Varma Counsel for Opposite Party :- Nitish Kant Srivastava,G.A.
Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Vinayak Verma, learned counsel for the applicant, Sri Vinod Kant, learned Senior Counsel assisted by Sri Nitish Kant Srivastava for the first informant, Shri Rajesh Kumar Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Pankaj @ Sujeet Kumar Vishwakarma seeking enlargement on bail in Case Crime No. 250 of 2022, under Sections 302, 120B, and 34 IPC, Police Station- Dhoomanganj, District- Prayagraj. 3. 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 24.03.2025. It is submitted that similarly placed co-accused, Rajesh Vishvakarma has already been enlarged on bail of by coordinate Bench of this Court by orders dated 21.12.2022 passed in Criminal Misc. Bail Application Nos. 43872 of 2022. He further submitted that since the role of the applicant is identical to that of co-accused, Rajesh Vishvakarma, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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. 4. Sri Vinod Kant, Learned Senior Counsel as also learned AGA have vehemently opposed the prayer for bail but could not dispute the fact that co- accused with identical role has been granted bail. 5. 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. 6. Accordingly, the bail application is allowed. 7.
Let the accused-applicant, Pankaj @ Sujeet Kumar Vishwakarma 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 22.8.2025 v.k.updh. BAIL No. 17835 of 2025 2 Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad