Allahabad High Court
Pawan Jaiswal vs State Of U.P. on 30 July, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 7199 of 2019 Applicant :- Pawan Jaiswal Opposite Party :- State Of U.P. Counsel for Applicant :- M.V.S. Chauhan,Pankaj Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.42 of 2018, under Sections 420, 467, 468, 471, 482, 483 I.P.C and Section 60/63 Excise Act and Section 63/65 Copyright Act, Police Station-Kotwali, District-Lakhimpur Kheri, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 06.06.2019. Learned counsel for the applicant has further submitted that the name of the applicant came into the light in the confessional statement of Mukesh. The case of the applicant is similar to co-accused namely Mukesh and Sukesh @ Neeraj Jaiswal who have been enlarged on bail by this Court, vide orders dated 27.02.2018 and 06.02.2019 passed in Criminal Misc. Bail Application Nos.1447 of 2018 and 1409 of 2019, in these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused namely Mukesh and Sukesh @ Neeraj Jaiswal have already been granted bail.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Pawan Jaiswal- be released on bail in Case Crime No.42 of 2018, under Sections 420, 467, 468, 471, 482, 483 I.P.C and Section 60/63 Excise Act and Section 63/65 Copyright Act, Police Station-Kotwali, District-Lakhimpur Kheri, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.7.2019 Amit/-