Allowed

Govind Paswan v. State of U.P.

Allahabad HC11 Nov 2020BAIL/10396/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 10396 of 2018, this Court granted bail to the applicant during the pendency of a trial for murder under Sections 302 and 201 IPC, relying on the parity with co-accused already released on bail by coordinate benches.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to conditions regarding trial attendance and non-tampering with witnesses.

Govind Paswan Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10396 of 2018

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Applicant :- Govind Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Yadav,Ram Janam Shahi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 457 of 2017, under Sections 302 and 201 I.P.C., P.S. Dokati, districtBallia, is seeking enlargement on bail during the trial.

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The first information of the incident was lodged by the complainant against unknown person when the dead body of his son was allegedly found behind the middle school of the village. It was mentioned in the FIR that the son of the complainant had disappeared from his house since 7.5.2017 and the matter was reported to the police on 10.5.2017.

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Learned counsel for the applicant submits that the applicant was not named in the first information report. Neither there is any direct nor last seen evidence against the applicant. He further submits that informant in his statement recorded under Section 161 Cr.P.C. nominated the present accused and other co-accused Sujeet alias Surjeet and Brijesh Yadav @ Brijesh Kumar Yadav and has stated that they have committed murder of his son in connection with Sheela dancer. He further submits that the alleged recovery of knife at the pointing out of the present accused is totally fake and false. No blood stains were found on the alleged recovered knife. He also submits that similarly placed co-accused Sujeet alias Surjeet and Brijesh Yadav @ Brijesh Kumar Yadav have already been enlarged on bail by coordinate Benches of this Court vide orders dated 27.11.2017 and 24.1.2018 passed in Criminal Misc. Bail Application nos. 45952 of 2017 and 2580 of 2018, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submits that since the role of the applicant is identical to that of co-accused Sujeet alias Surjeet and Brijesh Yadav @ Brijesh Kumar Yadav who have already been enlarged on bail, he is also entitled to be enlarged on bail on the

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ground of parity.

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Per contra learned A.G.A. has opposed the prayer for bail. However, the aforesaid factual aspect of the matter has not been disputed by him.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail on the ground of parity during the pendency of the trial.

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Let the applicant, Govind Paswan be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 11.11.2020/Faridul

Govind Paswan v. State of U.P.

Case brief

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Govind Paswan v. State of U.P.

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