Allahabad High Court
Pintoo vs State Of U.P. on 29 March, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2024:AHC:55022 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28849 of 2018 Applicant :- Pintoo Opposite Party :- State of U.P. Counsel for Applicant :- M J Akhtar,Akash Tomar,Anuj Srivastava,Sri V.M. Zaidi, Senior Advocate Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh Hon'ble Saurabh Srivastava,J.
1. Heard Sri Akash Tomar, learned counsel for the applicant, Sri Mayank Yadav, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. By means of this bail application, applicant seeks bail in Case Crime No. 240 of 2017 (S.T. No. 271 of 2017), under Sections-307, 504, 506 I.P.C., Police Station- Badaut, District- Baghpat, during pendency of trial.
3. It is submitted by learned counsel for applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that it is the case of the applicant that he has already been granted interim bail in the instant case crime but due to criminal history credited in his favour, the same has not been expedited and finalized in favour of the applicant and during the pendency of the instant application pleadings have already been exchanged wherein certain affidavits have been preferred on behalf of the applicant. It is next submitted that applicant has already been explained criminal antecedents in para 8 of the supplementary affidavit dated 08.06.2020 which is reads as under :-
"8. That all criminal antecedents has been explained in table below and bail order are collectively been filed herewith and marked as Annexure-I to this affidavit :-
Sr.No. Case Status 1 Crime No.189/06 U/S 492/354/506 IPC P.S. Chhaprauli Acquitted on 21.02.2008 2 Crime No. 310/09 U/S 302/307 Bail-out on 10.09.09 3 Crime No. 698/09 U/S 307 PS Baraut Acquitted on 17.01.2012 4 Crime No. 699/09 U/S 25 Arm Act Acquitted on 17.01.2012 5 C.No. 392/09 U/S 2/3 Gangster Act Bail out on 24.11.09 6 C.N. 314/12 U/S 60 Excise Act P.S. Chhaprauli Disposed off 7 C. N. 59/13 U/S 60 Excise Act P.S. Chhaprauli Disposed off 8 C. No. 115/13 U/S 147/148/14/307/302 PS Chhaprauli Bail out on 15.7.2013 9 C. No. 127/13 U/S 25 Arms Act Bail out on 16.07.2013 10 C. No. 170/13 U/S 2/3 Gangster Act Bail out on 18.7.2013 11 C. No. 207/14 U/S 60/72 Excise Act & 420 IPC PS Chhaprauli Bail out on 18.06.2014 12 C. No. 208/14 U/S 25 Arms Act Bail out on 19.06.2014 13 C. No. 211/14 U/S 10 Gunda Act Bail out on 30.06.2014 14 C No. 193/14 U/ 420/272/273 IPC Ball-out on 05.06.2014 15 C. No. 224/13 U/S 2/3 Gangster Act Bad-out on 14.07.2014 16 C. No. 377/14 U/S 342/323/504/506 IPC Bail out on 21.10.2014 17 C. No. 422/14 U/S 3/10 Gunda Act Bail out on 21.10.2014 18 C. No. 434/14 U/S 60 Excise Act Disposed off 19 C. No. 456/14 U/S 60/72(2) Excise Act P.S Chhaprauli Ball-out on 28.06.2016 20 C. No. 75/15 U/S 60 Excise Act P.S Chhaprauli Released on P.Bon 03.03.2015 21 C. No. 136/15 U/S 147/148/149/307 IPC P.S Chhaprauli Ball-out on 07.07.2015 22 C. No. 451/15 U/S 307 P.S Baurat Bail-out on 11.08.2015 23 C. No. 239/15 U/S 60/72(2) Excise Act and 420 IPC P.S Chhaprauli Disposed off 24 C No. 223/15 U/S 379/411 PS Chhaprauli Bail out on 14.04.2016 25 C. No. 82/15 U/S 110 Cr.P.C P.S Chhaprauli Disposed off on 23.10.2015 26 C No. 760/15 U/S 32/201/120B PS Chhaprauli Bail out on 11.04.2016 27 C. No. 65/16 U/S 203/201/120B PS Chhaprauli Bail out on 17.08.2016 28 C. No. 267/16 U/S 302/201/34 IPC P.S Chhaprauli 27.09.2016 29 C. No. 97/16 U/S 4/25 Arms Act P.S Chhaprauli Bail-out on 26.08.2016 30 C. No. 255/16 U/S 3 U.P Gunda Act P.S Chhaprauli Disposed off 31 C. No. 459/16 U/S 2/3 Gunda Act P.S Chhaprauli Bail out on 31.01.2017 32 C. No. 161/17 U/S 110 Cr.P.C P.S Chhaprauli Disposed off on 03.10.2017 33 C. No. 240/17 U/S 307/504/506 P.S Badaut Present Case"
4. Learned counsel for the applicant has further submitted that one of the co-accused Sonu, whose role is similar and identical to the present applicant, has already been granted bail by co-ordinate Bench of this Court vide order dated 30.05.2018 passed in Criminal Misc. Bail Application No.19241 of 2018, hence the applicant is also liable to be enlarged on bail on the ground of parity. The applicant-Pintoo is languishing in jail since12.07.2017. In case the applicant is released on bail, he will not misuse the said liberty.
5. Per contra, learned A.G.A. as well as Sri Mayank Yadav, learned counsel for the informant have vehemently opposed the prayer made in the bail application, but they could not dispute the aforesaid facts.
6. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, applicant has already been granted interim bail in the instant case crime but due to criminal history credited in his favour, the same has not been expedited and finalized in favour of the applicant, co-accused Sonu has already been granted bail by co-ordinate Bench of this Court vide order dated 30.05.2018, the applicant has already been explained his criminal antecedents 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.
7. Let the applicant-Pintoo involved in aforementioned case crime number be released on bail on furnishing a personal bond and two 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 during the trial.
ii. The applicant will not pressurize/intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
vi. The applicant shall not leave India without the previous permission of the Court.
vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.
8. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.3.2024 Akram