Padam Pandey Alias Padhamdhar v. State of U.P

Applicant :- Padam Pandey Alias Padhamdhar Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Mishra, Shivajee Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Shivajee Srivastava, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record.

Applicant seeks bail in Case Crime No. 1025 of 2018, under Sections 376 & 506 of IPC, Police Station - Naini, District - Prayagraj, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two months and there is no explanation of the said delay caused.

Learned counsel has also stated that the instant case is a misuse of law as the informant is used to file several FIRs which is five in numbers against other persons. The details of said FIRs has been given in para nos. 19 to 21 of the affidavit filed along with bail application. There is no medical corroboration of the incident.

Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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.

Let the applicant- Padam Pandey Alias Padhamdhar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 21.4.2025 Siddhant (Justice Krishan Pahal)