Sarad Paswan @ Bagga v. State of U.P
Case at a glance
Outcome
Bail granted
Accordingly, the bail application is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 307, 336, 352, 504, 506
Judgment
Operative part
Hon'ble Ashutosh Srivastava,J. Rejoinder affidavit filed today is taken on record. Heard Shri Ravi Sahu, learned counsel for the applicant and Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sarad Paswan @ Bagga, seeking enlargement on bail in Case Crime No. 159 of 2024, under Section 307, 352, 336, 504 and 506 I.P.C., Police Station-Govind Nagar, District-Kanpur Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 15.05.2024. Learned counsel for the applicant submits that the First Information Report has been lodged on 15.05.2024, with the delay of one day, for the incident taken place on 14.05.2024. Learned counsel for the applicant submits that the real fact is that on 14.05.2024 the applicant was going to C.P.I. Chauraha and in the way injured Ajay Valmiki stopped him and hurled abuses and when the applicant stopped him then the injured assaulted upon the applicant with knife but anyhow the knife was stabbed in his stomach and thereafter the First Information Report has been lodged. Learned counsel for the applicant further submits that the applicant is languishing in jail since last nine months. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Sarad Paswan @ Bagga, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
The applicant will not tamper with the evidence.
The applicant will not indulge in any criminal activity.
The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 24.2.2025 Deepak/ DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the bail application is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 307, 336, 352, 504, 506.
Which court decided this case, and when?
Allahabad High Court, on 24 Feb 2025. The bench was ASHUTOSH SRIVASTAVA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.