Allowed

Kanhai Paswan and 2 Others v. State of U.P.

Allahabad HC9 Jan 2019BAIL/41108/2018

Case brief

AI extract

What is this about?

Bail application allowed by Single Judge for applicants Kanhai Paswan and others accused under IPC sections for assault causing death, with liberty to execute trial on furnishing bond and sureties subject to standard conditions.

What did the court decide?

Applicants released on bail subject to personal bond and two sureties each with conditions against tampering, intimidation, and committing similar offences.

Kanhai Paswan and 2 Others Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 50

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41108 of 2018

¶3

Applicant :- Kanhai Paswan And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Prakash Srivastava,Sugendra Kumar Yadav

¶4

Counsel for Opposite Party :- G.A.,Bibhuti Narayan Singh,Ram Awadh Maurya

¶5

Hon'ble Aniruddha Singh,J.

¶6

Counter affidavit filed today is taken on record.

¶7

Heard learned counsel for the applicants, Sri B.N. Singh, learned counsel for the complainant, Sri D.N. Tiwari, learned A.G.A for the State and perused the record.

¶8

According to prosecution case, F.I.R. was lodged on 25.6.2018 after five days of the incident against six accused persons, Kanhai Paswan, Pattu Paswan, Dinesh Paswan, Mahesh Paswan, Sannelal and Nanheylal alleging that on 20.6.2018 they assaulted Mahendra. He received one head injury, resultantly died on 26.6.2018.

¶9

Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case; the applicants are languishing in jail since 26.6.2018 (more than six months) having no criminal history; general role has been assigned to all accused; there is single injury; it is not ascertained who is author of head injury; there is also cross case no. 159 of 2018 in which Pattu Paswan and Dinesh Paswan have received head injuries; it is not possible to decide at this stage who is aggressor; there is no independent witness and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

¶10

Learned A.G.A. as well as counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that the applicants have no criminal history.

¶11

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

¶12

Let the applicants Kanhai Paswan, Dinesh and Mahesh involved in Case Crime No. 149 of 2018, under Sections 147,

¶13

148, 149, 304, 323, 504 IPC, Police Station-Brijmanganj, District-Mahrajganj 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 following conditions:

¶14

The applicants will not tamper with the evidence during the trial.

¶15

2.The applicants will not pressurize/ intimidate the prosecution witness.

¶16

3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

¶17

4.The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶18

5.The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶19

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶20

Order Date :- 9.1.2019 OP

Kanhai Paswan and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kanhai Paswan and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jitendra Nath Mishra Vs State of U.P.

Pushpendra Vs State of U.P.

Pawan Kumar Vs State of U.P.

Suresh Pawar Vs State of U.P.

Aasim Vs State of U.P.

Mangal Singh Vs State of U.P.