Court granted bail to Laxman Paswan and Ashish Paswan in a dacoity case under Sections 395, 412 IPC. Bail granted on personal bond and two sureties subject to specific conditions pending normal court functioning.
Released on bail on personal bond and two sureties subject to six conditions including no tampering and cooperation with trial.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24295 of 2020
Applicant :- Laxman Paswan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.,Jagadish Prasad Yadav
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned AGA for the State.
The instant bail application has been filed on behalf of the applicants, Laxman Paswan and Ashish Paswan with a prayer to release them on bail in Case Crime No. 39 of 2020, under Sections 395, 412 IPC, Police Station Bilariyaganj, District- Azamgarh during pendency of trial.
Allegation in the first information report is against unknown persons regarding dacoity of Rs.3,86,290/-. The allegations in the first information report are against three unknown persons.
Learned counsel for the applicants has submitted that the police has implicated five persons and assigned recovery of Rs.62,000/- to each of them. Learned for the applicant has further submitted that the applicants have been falsely implicated in this case and Rs.62,000/- each has been shown to be recovered from them when the amount was recovered from other accused persons and assigned to them. No identification parade was conducted to prove the identify of the applicants. The applicants are in jail since 26.03.2020 and has no criminal history to their credit.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, 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, let the applicant involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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 of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.9.2020 SS
2 issues framed by the court
Whether the applicants Laxman Paswan and Ashish Paswan should be released on bail in the dacoity case despite false implications?
Whether the bail conditions under Article 21 of the Constitution are sufficient to grant bail during the pendency of trial?
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
Laxman Paswan
Ashish Paswan
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
