In this bail application, the learned court allowed the prayer for bail for the applicant, Naveel, who was in jail custody. The court held that the case was made out despite opposition from the prosecution, citing a relevant Supreme Court decision.
Release on bail with personal bond and two sureties subject to conditions against tampering, intimidation, and absence.
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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26414 of 2018
Applicant :- Naveel Opposite Party :- State Of U.P. Counsel for Applicant :- Sharda Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Argument is that the applicant is not named in the first information report and subsequently recovery of a Mobile has been shown from him. The applicant is in jail since 26.05.2018. He does not have any criminal history to his credit. In case the applicant is released on bail he will not misuse the liberty of bail.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Naveel involved in Case Crime No.410 of 2018, under Sections 356, 411 I.P.C, Police Station Kotwali Dehat, District Bulandshahar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 25.7.2018 SS
2 issues framed by the court
Whether the applicant makes out a case for bail given he is not named in the FIR but a mobile was recovered from him and he has no prior criminal history.
Whether the bail application should be allowed based on the nature of the offence and the legal standards established by the Apex Court.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherApplied¶8
(2018)3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Naveel
State Of U.P.
Siddharth
Unrecorded
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth and Unrecorded
Parties & counsel
