Allowed

Lakhan v. State of U.P.

Allahabad HC21 Feb 2023BAIL/7130/2023

Case brief

AI extract

What is this about?

A Criminal Misc. Bail Application filed by Lakhan against the State of U.P., challeneing his rejection by the trial court, was allowed. The applicant was ordered released on a personal bond and two sureties with specific conditions to prevent tampering with witnesses or evidence, noting the applicant was in jail since January 2022.

What did the court decide?

Grants bail to the applicant on a personal bond and two sureties with conditions against tampering and influencing witnesses.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7130 of 2023

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Applicant :- Lakhan Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.250 of 2022 at Police Station-Civil Lines, DistrictRampur under Section 3(1) of Gangsters Act. The applicant is in jail since 15.01.2022.

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The bail application of the applicant was rejected by the learned trial court on 23.01.2023.

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The following arguments made by Shri Vivek Kumar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant has been falsely implicated in this case only to burnish the credentials of the police authorities.

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(2). The applicant has been enlarged on bail in the solitary criminal case depicted in the gang chart.

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(3). He is not a member of any criminal gang.

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(4). The applicant has explained his criminal history.

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It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

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(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Lakhan be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on

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the date fixed, unless personal presence is exempted.

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Order Date :- 21.2.2023 Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Lakhan v. State of U.P.

Case brief

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Lakhan v. State of U.P.

Case brief

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