Lavkush Pasi Vs State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5452 of 2023

Applicant :- Lavkush Pasi Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh,Sanjay Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri P.K.Singh, learned counsel for the applicant and Sri Tanay Kumar, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.547 of 2022,under Sections 302,201,394,411,413,34 and 323 IPC, Police Station Soraon, District Prayagraj during pendency of the trial.

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FIR of the present case was lodged against unknown persons and according to the FIR, on 2.8.2022 the uncle of the informant informed the villagers that his parents were attacked in their house by some miscreants and due to the attack made by some miscreants his father lost his life and his mother was badly injured. 4. Learned counsel for the applicant submits that initially in the FIR it is alleged that the father of the informant lost his life and his mother was seriously injured but subsequently she also died and, therefore, it is a case of double murder and it appears that after committing robbery the parents of the informant were murdered by some unknown miscreants but during investigation applicant has been implicated in the present matter on the basis of information furnished by police informer. He further submits that as per prosecution on 10.8.2022, i.e., after 8 days from the date of alleged robbery, applicant was arrested and he confessed his guilt and from his possession 3 small silver ornaments were recovered

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and merely on the basis of his confessional statement and recovery of 3 silver ornaments applicant has been implicated in the present matter.

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He further submits that entire allegation against the applicant is totally false and baseless and applicant did not commit the alleged crime and entire recovery is totally false and planted one. He further submits that confessional statement of accused is not admissible and merely on the basis of 3 small silver ornaments it cannot be said that applicant involved in the alleged crime.

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He further submits that as per prosecution, applicant was arrested on 10.8.2022 but in fact on 6.8.2022, i.e, 4 days before local police forcibly apprehended the applicant from his home and in this regard on 9.8.2022 an application was moved by his wife to the higher authority and with regard to the incident dated 6.8.2022 there is also CCTV Footage and all these facts have been averred in paragraph-14 to the affidavit filed in support of the present bail application and CCTV footage dated 6.8.2022 has also been annexed as Annexure-11 to the affidavit filed in support of the present bail supplication.

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He further submits that applicant in the present matter is in jail since 10.8.2022, i.e., for the last about more than 8 months.

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Per contra, learned AGA opposed the prayer for bail and submitted that it is a case of double murder in which husband and wife were murdered by applicant and his associates and thereafter they committed robbery but he could not dispute the fact that except the confessional statement of accused and recovery of 3 small silver ornaments, there is no other evidence against the applicant on record and although applicant is alleged to have been arrested on 10.8.2022, but on 6.8.2022.i.e., 4 days before wife of applicant has moved an application to the higher authority that

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applicant has forcibly taken by the Police and in this regard applicant has also filed footage of CCTV.

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I have heard learned counsel for the parties and perused the record of the case.

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Although it is a case of double murder in which old aged husband and wife were murdered by some miscreants and thereafter they committed robbery but it appears that in the present matter against the applicant only evidence is his confessional statement and recovery of 3 small silver ornaments, like, ring and chain etc. and except this there is no other evidence against him on record.

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Further, as per the prosecution case, applicant was arrested on 10.8.2022, i.e., after about 8 days from the date of alleged crime but it appears that on 6.8.2022 the wife of applicant moved an application to the higher authority to the effect that applicant has been forcibly taken away by the police from his house and in this regard she also produced CCTV footage and CCTV footage of the same has also been annexed as annexure-11 to the affidavit filed in support of the present bail application.

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Therefore, from the discussions made above, in my view,applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Lavkush Pasi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement,

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threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 26.4.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Lavkush Pasi v. State of U.P.

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Lavkush Pasi v. State of U.P.

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