Allowed

Lallu Paswan v. State of U.P.

Allahabad HC3 Sept 2020BAIL/21559/2020

Case brief

AI extract

What is this about?

This judgment allowed a bail application filed under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act. The court found the applicant to be a fit case for bail due to involvement in a solitary substantive offence without evidence of gang membership, his prior bail in the substantive case, and the nature of allegations, though without expressing an opinion on the merits.

What did the court decide?

Release on bail with personal bond and two sureties on standard pre-existing conditions including prohibitions on tampering with evidence and witnesses.

Lallu Paswan Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21559 of 2020

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Applicant :- Lallu Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Anwar Ali Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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This application has been entertained without an affidavit on account of the extraordinary contingency created by the Covid-19 pandemic where the travel is restricted. This Court notices the fact that there is a declaration by the applicant that he will file an affidavit. This order is being passed, therefore, subject to a certain condition in this regard.

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This is an application for bail on behalf of the applicant, Lallu Paswan, in connection with Case Crime No. 67 of 2020, under Section 2/3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Bansdih, District Ballia.

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Heard Sri Anwar Ali, learned Counsel for the applicant and the learned A.G.A. appearing for the State.

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The submission of the learned Counsel for the applicant is that the applicant has been implicated in the present case on account of his involvement in a solitary substantive offence detailed in the gang chart without there being anything to show that he is either a member or the leader of the gang. It is next argued that the applicant has been admitted to bail in the substantive offence. Learned Counsel for the applicant has taken this Court through the bail order, copy of which is annexed as Annexure no. 3 to the affidavit filed in support of the bail application. It is further pointed out that the applicant is in jail since 07.03.2020.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that prima facie there is nothing to show that the applicant is either a member or the leader of a gang, the fact that the applicant is on bail in the substantive offence, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.

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The bail application, accordingly, stands allowed .

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Let the applicant, Lallu Paswan , involved in Case Crime No. 67 of 2020, under Section 2/3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Bansdih, District Ballia, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the Trial Court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(viii) 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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In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.

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It is made clear that in case, an affidavit in support of this application duly sworn is not filed, as declared, within 15 days of resumption of swearing of affidavits, the bail granted to the applicant shall be cancelled.

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Order Date :- 3.9.2020 BKM/-

Lallu Paswan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Lallu Paswan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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