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2025 DAILYLAW 75574 (ALL)

PANKAJ SINGH ALIAS RAJU v. STATE OF U.P.

BAIL/24502/2025 · 2025-07-30

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128540 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24502 of 2025 Applicant :- Pankaj Singh Alias Raju Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bali Ram Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ram Bali Ram, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 17 of 2024, under Sections 147, 148, 149, 302, 34, 120-B IPC and Section 3/25 Arms Act of the Indian Penal Code, Police Station Nandganj, District Ghazipur. The prosecution case set out in the FIR identifies various principal offenders who alighted from a Scorpio Car and after an exchange of hot words discharged their firearms causing the death of the deceased. The applicant was not named in the FIR or in the statement of first informant. The applicant has not been identified as the principal offender who discharged his fire arm and shot dead the deceased. The role of the applicant is distinguishable from the principal offenders. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to co-accused Amarjeet Pasi, who has been granted bail by this Court on 07.11.2024 in Criminal Misc. Bail Application No. 37860 of 2024. The applicant has criminal antecedents of four cases, which has been explained in the affidavit filed in support of the bail application. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. The applicant is languishing in jail since 13.02.2024 and there is no possibility of her influencing witnesses, tampering with the evidence or reoffending. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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 applicant Pankaj Singh Alias Raju, be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- 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 :- 31.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad