Allowed

Yogendra Paswan v. State of U.P.

Allahabad HC15 Mar 2021BAIL/11952/2021

Case brief

AI extract

What is this about?

The court allowed a bail application under IPC sections 392 and 411, and a connected case under sections 307 and 34. It found the case fit for bail despite a recovery of Rs. 60,000 from the applicant, noting the lack of identification of the person and absence of evidence linking the applicant to the crime.

What did the court decide?

Yogendra Paswan released on bail on personal bond and two sureties subject to orders dismissing the case above and acts.

Yogendra Paswan Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11952 of 2021

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Applicant :- Yogendra Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard learned counsel for applicant(s), learned A.G.A. and perused the record.

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This bail application has been preferred by the accusedapplicant(s) Yogendra Paswan who is involved in Case Crime No. 9 of 2021 under Sections 392,411 of I.P.C. P.S.- Raunapar District-Azamgarh.

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Learned counsel for the applicant has submitted that the FIR of this case was lodged against unknown persons with regard to loot of Rs. 1,59,040/-. On the pointing out of the escort, the Police party nabbed the applicant along with three other accused persons on 12.1.2021 and case crime no. 8 of 2021 was registered under section 307/34 of IPC. On the confessional statement of the applicant recovered Rs. 60,000/- from the applicant connecting with these persons in case crime number of 2021. The applicant has no previous criminal history. All the cases are subsequent to the date of present incident of the aforesaid case crime number which has been explained in para nos. 6 and 7 of the affidavit filed in support of the bail application. The applicant has been languishing in jail since 12.1.2021.

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Learned AGA opposed the contentions made by learned counsel for the applicant and contended that the amount of Rs. 60,000/has been recovered from the applicant of which there is no explanation on behalf of the applicant.

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Admittedly, no identification of it was made. There is no evidence with regard to identity of the applicant for being involved in the aforesaid case crime.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s) Yogendra Paswan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of

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the court concerned with the following conditions:-

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 15.3.2021 SKS

Yogendra Paswan v. State of U.P.

Case brief

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Yogendra Paswan v. State of U.P.

Case brief

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