Allowed

Laxman v. State of U.P.

Allahabad HC10 Nov 2020BAIL/27514/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 27514 of 2020, the High Court granted bail to Laxman in a robbery case alleging false implication and lack of public witnesses, subjecting him to specific conditions including cooperation in trial and non-tampering with evidence.

What did the court decide?

Bail granted conditioned on furnishing personal bond and two sureties, subject to specific conditions including court normalisation.

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. - 27514 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 AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Laxman , with a prayer to release him on bail in Case Crime No. 29 of 2020, under Sections 392, 411 IPC, Police Station Dilari, District- Moradabad during pendency of trial.

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There is allegation against two unknown persons in the first information report regarding robbery of Rs.60,000/and one mobile phone from the informant.

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Learned counsel for the applicant has submitted that it is a case of false implication because his long criminal history. There is no public witness of the recovery. No test identification parade was conducted to identify the applicant. Whenever applicant was implicated in one case he was implicated in number of cases by the police only to work out the cases. Applicant has been implicated in six cases along with present case and applicant has criminal history of 24 cases. He is in jail since 08.04.2020.

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Learned AGA has opposed the prayer for bail of the applicant.

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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 his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence 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 :- 10.11.2020 SS

Laxman v. State of U.P.

Case brief

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Laxman v. State of U.P.

Case brief

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