Allowed

Laxmi Narayan v. State of U.P.

Allahabad HC8 Feb 2023BAIL/58740/2022

Case brief

AI extract

What is this about?

This order grants bail to the applicant, Laxmi Narayan, in Sessions Trial No. 79 of 2015 charged under IPC Sections 392 and 506. The court noted the applicant's parity with a co-accused who was already granted bail and approved the release on personal bond and two sureties.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties subject to conditions regarding non-tampering, cooperation in trial, and no further criminal activity.

Laxmi Narayan Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58740 of 2022

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Applicant :- Laxmi Narayan Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Mishra,Shailendra Kumar Ojha

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Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Shailendra Kumar Ojha, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in S.S.T. No. 79 of 2015, registered under Sections 392, 506 I.P.C., Police Station Ghatampur, District Kanpur Nagar during pendency of the trial.

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At the very outset, learned counsel for the applicant submits that the applicant claims parity with the co-accused, namely, Sonelal @ Barra who has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.58859 of 2022 vide order dated 16.01.2023 and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. No specific role has been assigned to the applicant. No recovery has been made from the possession of the applicant. Applicant has no previous criminal antecedents. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 22.11.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application

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is allowed.

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Let the applicant, Laxmi Narayan, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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 of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 8.2.2023 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Laxmi Narayan v. State of U.P.

Case brief

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Laxmi Narayan v. State of U.P.

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