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2025 DAILYLAW 58550 (ALL)

PAWAN ALIAS BUNTY v. STATE OF U.P.

BAIL/16614/2025 · 2025-05-25

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89040 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16614 of 2025 Applicant :- Pawan Alias Bunty Opposite Party :- State of U.P. Counsel for Applicant :- Shikhar Awasthi,Shreesh Srivastava Counsel for Opposite Party :- Chandra Nath Bhatt,G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Shreesh Srivastava, learned counsel for the applicant and Shri Chandra Nath Bhatt, learned counsel for the first informant and Shri Anil Kumar Singh, learned AGA for the State and perused the entire material available on record. This is a second bail application filed by the applicant. First bail application filed by the present applicant was rejected by this Court vide order dated 03.12.2024, passed in Criminal Misc. Bail Application No. 41190 of 2024, Pawan @ Bunty, vs. State of U.P., copy whereof has been brought on record as Annexure-1 to the bail application. The applicant- Pawan @ Bunty, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 263 of 2024, under Sections-341 and 307 I.P.C., Police Station-Amroha Dehat, District-Almora, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that in the present case charges has been framed against the applicant on 11.12.2024. There are 13 prosecution witnesses and till date only one prosecution witness has been examined. Learned counsel for the applicant further submits that there is no possibility of conclusion of trial in near future and the applicant is languishing in jail since last more than ten months. He, therefore, submits that on the above grounds, the applicant is liable to be enlarged on bail. Learned counsel for the first informant as well as learned AGA have vehemently opposed, but could not dispute the aforesaid facts. Considering all those 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, Pawan @ Bunty, 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 :- 26.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad