Allowed bail in a criminal case involving offences including murder, on the condition that the applicant would cooperate in the trial and adhere to standard bail conditions.
The applicant was released on bail on executing a personal bond and furnishing two sureties each.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38707 of 2020
Applicant :- Jagdish Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A., Arvind Prabodh Dubey
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Ashok Kumar Giri holding brief of Sri Arvind Prabodh Dubey, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Jagdish Paswan in connection with Case Crime No.572 of 2020, under Sections 147, 148, 323, 504, 506, 308, 302 I.P.C., Police Station Jhangaha, district Gorakhpur.
The first information report of this incident was lodged by the complainant, alleging that on 26.08.2020 at about 7.00 p.m. six accused persons except the present accused after hurling abuses beaten the deceased Aniruddh Paswan who later on succumbed to the injuries and the present accused, who is said to be Gram Pradhan of the village came at the place of occurrence and the only allegation against the applicant is that he will see all the consequences.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that no active role has been assigned to the present accused and he has not actively participated in the incident. He submitted that the deceased had suffered contused swelling in parietal region and haematoma was present on cutting skull underneath brain and membrane. He submitted that the applicant is languishing in jail since 27.08.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Jagdiesh Paswan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
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.
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.
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.
Order Date :- 26.11.2020 R./
2 issues framed by the court
Whether bail is maintainable in the present case involving non-bailable offences under the Indian Penal Code.
Whether the applicant, accused of serious offences including murder, is entitled to bail.
Jagdish Paswan
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
