Allowed

Laxman v. State of U.P.

Allahabad HC25 Sept 2023BAIL/8345/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal bail application for an accused facing murder charges. The court granted bail based on weak evidence, inordinate trial delay, and the absence of independent witnesses, imposing standard bail conditions and directing legal aid assistance.

What did the court decide?

Applicant Laxman released on personal bond and two sureties subject to conditions against tampering with evidence/witnesses and mandatory court appearances.

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

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Neutral Citation No. - 2023:AHC:185764

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8345 of 2023

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Applicant :- Laxman Opposite Party :- State of U.P. Counsel for Applicant :- Ganga Bhushan 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. 200 of 2020 at Police Station- Mauranipur, DistrictJhansi, under Sections 302, 201 IPC. The applicant is in jail since 14.05.2020.

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The bail application of the applicant was rejected by the learned trial court on 19.07.2021.

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The following arguments made by Shri Ganga Bhushan Mishra, learned counsel assisted by Shri Ankit Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

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The applicant was nominated on account of a village rivalry.

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There is no direct evidence against the applicant.

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This is a case of circumstantial evidence. The chain of incriminating circumstances against the

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applicant is not complete.

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The evidence of last seen is weak and unreliable. In fact, the applicant was not with the deceased at any time proximate to the death of the latter.

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The recovered gamcha was planted on the coaccused Dhaniram.

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There is no independent witness to the recovery.

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The recovered gamcha cannot be linked with the offence.

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The other co-accused person namely Dhaniram have been enlarged on bail by this Court by order dated 18.11.2021 passed in Criminal Misc. Bail Application No. 48894 of 2021. The case of the applicant stands at a better footing but he seeks parity for grant of bail.

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The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial.

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The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant is not responsible for the delay in the trial proceedings.

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Inordinate delay in concluding trial has lead to an indefinite detention of the applicant without there being any credible evidence to implicate him in the

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offence. Right of the applicant to a speedy trial has been violated.

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The applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial 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- Laxman 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 the date fixed, unless personal presence is exempted.

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The applicant does not have a pairokaar. The District

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Legal Services Authority (DLSA), Jhansi shall ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.

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Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Jhansi for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above.

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Order Date :- 25.9.2023 Vandit

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

Laxman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Laxman v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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