This bail application arises from an FIR alleging assault causing abortion. The court granted bail to the applicant, desirous to release him on personal bond with two sureties, citing the nature of the charge and supporting Apex Court dictum.
Released on bail on furnishing personal bond with two sureties in like amount with standard conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21013 of 2018
Applicant :- Tulasiram Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Pal,Prashant Kumar Pathak,Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on Behan of the State is taken on record.
Heard Sri P.K.Pathak, learned counsel for the applicant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against the applicant and his two sons alleging that the accused persons entered into his house and beaten up the complainant and his wife who was pregnant with their receptive weapons of assault causing her abortion.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is an old man aged about 60 years. It is a case of sudden quarrel. No motive has been assigned to connect the applicant with the alleged office. It is also contended that the injuries allegedly sustained by the injured are simple in nature. It is next contended that the wife of the complainant had pregnancy of one month which was autocratically aborted prior to the alleged incident and the applicant has no role to play in the said incident. There are material contradictions in the statements of the complainant and his wife which indicate doubt in the prosecution story. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 15.4.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. has vehemently opposed the prayer.
Considering the nature of accusation and the severity of
punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, 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, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Tulasiram involved in Case Crime No. 0011 of 2018, under Sections 308, 323, 504, 506, 452, 316, 313 I.P.C., P.S. Mishraulia, District- Siddarth Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the 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 applicants to prison.
Order Date :- 18.9.2018 IA
1 issue framed by the court
Whether the applicant is entitled to bail in the instant criminal case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶11
Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, · Who else cites this
Tulasiram
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
