In a bail application under Sections 395, 397, and 412 IPC, the High Court allowed the applicant's plea, making no observations on the merits of the case, and ordered his release on bail subject to court conditions.
The applicant was directed to be released on bail by furnishing a personal bond and two sureties.
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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9142 of 2023
Applicant :- Anil Paswan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajit Narain Mishra,Maruti Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 85 of 2022, at Police Station Chilhiya, District Siddharth Nagar under Sections 395, 397, 412 I.P.C. The applicant is in jail since 05.07.2022.
The bail application of the applicant was rejected by learned trial court on 20.10.2022.
The following arguments made by Shri Maruti Kumar Tripathi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
(1) Rs. 6600/-, one mobile phone, one country made pistol and two cartridges were planted on the applicant to implicate him in this case to burnish the credentials of the police authorities.
(2). The money and mobile phone belong to the applicant.
(3). There is no independent witness to the recovery.
(4) The recovered item cannot be linked with the crime.
(5). Prosecution evidence does not connect the applicant with the offence.
(6). The applicant does not have any criminal history apart from this case. However, learned AGA contends that the applicant has a criminal history of some more cases. Rejoining this issue, learned counsel for the applicant contends that the applicant is in jail. He is financially destitute and does not have an effective pairokar. Hence details of the cases could not be obtained and stated in the bail application. However, relying on the records available with the learned AGA and the instructions received from his client, learned counsel for the applicant submits that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant was falsely framed in the said cases. The said cases do not have any bearing on the instant case.
(7). 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.
In the light of the preceding discussion and without
making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Anil Paswan 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 27.2.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in the pending criminal trial filed under Sections 395, 397, 412 I.P.C.
Whether the allegations of planting evidence and lack of independent witnesses warrant granting bail.
Whether the applicant poses a flight risk or is likely to tamper with evidence.
1 provisions across 1 enactments
Anil Paswan
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
