In an appeal for bail under Sections 324, 307 IPC, the High Court granted release to the applicant on a personal bond with sureties, citing the dictum of Dataram Singh and the reformative theory of punishment.
Application allowed; applicant released on bail on furnishing personal bond with two sureties on specified conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24821 of 2018
Applicant :- Saurabh Dubey Opposite Party :- State Of U.P. Counsel for Applicant :- Pratibha Singh,Amarnath Tiwari,Ashok Kumar Singh,Ramendra Nath Tiwari Counsel for Opposite Party :- G.A.,Upendra Kumar Dudey
Hon'ble Vivek Kumar Singh,J.
Heard Sri Amar Nath Tiwari, learned counsel for the applicant, Sri U.K.Dubey, learned counsel for the complainant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against three persons including the applicant alleging that when his brother was going to participate in a marriage party in the village then all the accused persons caught hold of him on the way and inflicted knife blow on his neck.
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 a student of B.Sc. II Year and general role of assault has been assigned against all the accused. No specific role has been attributed to the applicant. There was no source of light because the incident is alleged to have taken place in late night. According to the medical report the injury is caused by Chapar and not the knife. Thus, medical report does not corroborate the FIR version. There was some land dispute between the coaccused and the complainant and as such the applicant has been falsely roped in the present case.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 14.5.2018. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned A.G.A. have 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 Saurabh Dubey involved in Case Crime No. 87 of 2018, under Sections 324, 307 I.P.C, P.S. Chandwak, DistrictJaunpur 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 :- 27.9.2018 IA
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving alleged assault with a knife.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P.Followed¶10
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Saurabh Dubey
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
