Anil Paswan Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Anil Paswan Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Anil Paswan to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) not to tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (2) to cooperate in the trial sincerely without seeking any adjournment; (3) not to indulge in any criminal activity or commission of any crime after release; breach of any condition to be a ground for cancellation of bail; sureties to be verified before issuance of the release order.

Issue for consideration

Whether the applicant Anil Paswan should be released on bail in Case Crime No. 102 of 2022 under Sections 395, 412, 34 IPC, Police Station Kolhui, District Mahrajganj, during pendency of trial.

Court's answer

Considering the nature of offence, evidence, complicity of accused, and the fact that the applicant's case is similar to that of co-accused who have been granted bail, and without expressing any opinion on the merits of the case, the applicant has made out a case for bail.

Ratio / Principle

Having regard to the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., the Court held that the applicant has made out a case for bail and allowed the bail application.

Detailed headnote1 paragraphs

Bail allowed — Parity with co-accused. High Court of Judicature at Allahabad (Deepak Verma, J.), by order dated 6.2.2023 in Criminal Misc. Bail Application No. 673 of 2023, allowed the bail application of Anil Paswan seeking bail in Case Crime No. 102 of 2022 under Sections 395, 412, 34 IPC, Police Station Kolhui, District Mahrajganj. Counsel for the applicant urged that the applicant was not named in the F.I.R., which was lodged 7 months after the incident, that the alleged recovery was false and planted, and that identically placed co-accused Rajneesh Mishra had been granted bail by a Co-ordinate Bench on 23.01.2023 in Criminal Misc. Bail Application No. 58186 of 2022. The applicant, who has one case of criminal history and was in custody since 05.07.2022, was enlarged on bail on parity, the Court expressly refraining from expressing any opinion on the merits, having regard to the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. Release directed on personal bond and two sureties, subject to conditions against tampering with prosecution evidence, requiring sincere cooperation in trial without adjournments, and abstention from criminal activity; breach to be a ground for cancellation of bail.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 673 of 2023

Applicant :- Anil Paswan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maruti Kumar Tripathi,Ajit Narain Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned A.G.A. on behalf of State and perused the record.

The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No.102 of 2022, under Sections 395, 412, 34 IPC, Police Station Kolhui, District Mahrajganj, during pendency of trial.

It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. The F.I.R. has been lodged after 7 months of incident. No plausible explanation has been given for this delay. The alleged recovery is false and planted. He next argued that identically placed co-accused, Rajneesh Mishra been granted bail by Co-ordinate Bench of this Court vide order dated 23.01.2023 passed in Criminal Misc. Bail Application No. 58186 of 2022. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has one case of criminal history. He is languishing in jail since 05.07.2022. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail but could not dispute the aforesaid facts.

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 the fact that the case of the applicant is similar to that of co-accused, who have been granted bail 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 , passed in 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 is allowed.

Let the applicant, Anil Paswan 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.

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

Order Date :- 6.2.2023 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad