Allowed

Laxman v. State of U.P.

Allahabad HC21 Oct 2020BAIL/24278/2020

Case brief

AI extract

What is this about?

This court allowed a bail application featuring allegations of robbery and prior criminal history. Considering the pandemic situation and Article 21, bail was granted on furnishing a personal bond and sureties subject to specific conditions despite the absence of a counter affidavit.

What did the court decide?

Applicant released on bail with a personal bond and two sureties subject to conditions regarding conduct and verification.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24278 of 2020

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Applicant :- Laxman Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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Despite time granted to the learned on 24.9.2020 to file counter affidavit but same has not been filed.

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The allegation in the First Information Report is regarding robbery of bag containing cash A.T.M., Adhar Card etc. Learned counsel for the applicant has submitted that applicant was not named in the First Information Report.He has been subsequently implicated and recovery of Rs. 50,000/- has been made from the applicant.Co-accused Nekpal has been granted bail by this court vide order dated 9.9.2020 in Criminal Misc. Bail Application No. 23880 of 2020. The applicant is in jail since 8.4.2020. The criminal history of twenty four cases of the applicant has been explained in paragraphs-5 and 6 of the supplementary affidavit.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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.

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Let the applicant, Laxman, who is involved in Case Crime No. 23 of 2020, under Sections 392, 411 I.P.C, Police Station-Hazrat Nagar Garhi , District- Moradabad, 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.

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The applicant shall not tamper with the prosecution evidence

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by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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

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

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Order Date :- 21.10.2020 Atul kr. sri.

Laxman v. State of U.P.

Case brief

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Laxman v. State of U.P.

Case brief

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