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Allahabad High Court · body

2015 DIGILAW 578 (ALL)

PANKAJ v. STATE OF U. P.

2015-03-26

KARUNA NAND BAJPAYEE

body2015
JUDGMENT : Hon'ble Karuna Nand Bajpayee, J. Heard learned counsel for the applicant as well as Sri Dalvir Singh, learned counsel for the complainant and learned A.G.A. Perused the record. Submission of the counsel is that this is the case of passionate love affair in which an insane act of administering poison has been allegedly done by the applicant to his beloved. Further submission is that in fact the boy himself too consumed the poison. It has been argued that these are the cases which are not uncommon in society where looking to the bleak prospects of unison between the girl and boy for reasons of orthodox social factors they are often reported to have undertaken such extreme steps in an emotional frenzy. The counsel has also drawn the attention of the court to the medical examination of the boy indicating him to have consumed some unknown substance resulting in his unconsciousness. The contention is that in a matter like this it shall be too much to attribute the intention of committing murder of the girl to the boy. Matters like this where the boy himself has put his own life at serious peril, he should not be judged too harshly. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which led to the false implication of the accused have also been touched upon by the counsel. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail but could not attribute any bad antecedents of the applicant. It has also been fairly conceded that in the wake of heavy pendency of cases the dockets are already bursting on their seams and there is hardly any prospect of an early conclusion of the trial. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. Let the applicant-Pankaj, involved in Case Crime No.19 of 2015, u/s 452, 307 I.P.C., P.S.Sector 20 Noida, District- Gautam Budh Nagar be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. ———————