Bail application by Umesh Paswan in a case involving offenses under Sections 376, 504, 506, and 406 of IPC. The court allowed bail without expressing an opinion on the merits, considering the applicant's alibi and lack of criminal history.
Bail allowed by furnishing a personal bond and two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54818 of 2022
Applicant :- Umesh Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Ram Surat Patel,Dharmendra Kumar,Pramod Kumar Sahani,Sanjeev Kumar,Sujeet Kumar Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
upon between the parties and later on it could not be solemnized and the matter has been settled between the family members of the parties. Learned counsel has also stated that the prosecution story stands falsified on the ground that the applicant was abroad at the time of offence as such he has a strong alibi. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. The applicant is languishing in jail since 18.10.2022 having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
Order Date :- 14.3.2023 Siddhant
Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant Umesh Paswan is entitled to bail in Case Crime No. 20 of 2021 under Sections 376, 504, 506, 406 of IPC.
Whether the alibi and lack of criminal history justify the grant of bail at this stage.
2 provisions across 2 enactments
Umesh Paswan
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
