Court granted bail to applicant Jonny '@ Aditya' in a criminal matter involving Sections 147, 148, 149 and 307 IPC, citing the larger mandate of Article 21 and distinguishing Dataram Singh, without expressing a view on the merits of the case.
Released on bail on furnishing a personal bond and two sureties of Rs. one lac each.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17022 of 2018
Applicant :- Jonny @ Aditya Opposite Party :- State Of U.P. Counsel for Applicant :- Sukrampal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sukhrampal, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that even though the accused-applicant has been named in the F.I.R. but no specific role has been assigned to him. Five persons have been assigned role of firing at the police party and causing injury. There is only one fire arm injury on the body of the injured. However, it is not clear that whose shot caused the said injury. No incriminating article or material has been recovered either from the applicant or on his pointing out. The recovery which is said to have been recovered from the applicant was planted one and there is no independent/public witness of the alleged recovery. He also submitted that the applicant has not committed any offence and he has been falsely implicated in the present case by the police on the instructions of the person having ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 12.1.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is having criminal history of four
other cases, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant submitted that he has explained the criminal history in paragraph 3 to the supplementary affidavit.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Jonny @ Aditya be released on bail in Case Crime No. 27 of 2018, under Sections 147, 148, 149 and 307 I.P.C., P.S. Charthawal, district-Muzaffarnagar on furnishing a personal bond and two sureties of Rs. one lac each (one should be of his family member) in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 14.9.2018 Faridul
2 issues framed by the court
Whether the applicant is entitled to release on bail despite criminal history and allegations of false implication.
Whether the larger mandate of Article 21 of the Constitution of India mandates bail in the present case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherDistinguished¶10
Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Jonny @ Aditya
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
