In a bail application, the Court granted bail to the applicant, Prem Singh, who was falsely implicated in a criminal case involving assault, subject to specific conditions and personal bond.
Applicant released on bail with personal bond and two sureties on furnishing bond to the satisfaction of the court.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26544 of 2018
Applicant :- Prem Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
On 17.7.2018 learned AGA was granted four weeks time for filing counter affidavit. When the case was again listed on 4.9.2018, learned AGA prayed for two weeks time to file counter affidavit but the same has not been filed.
Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to enmity. Further submission is that no specific role of assault has been assigned to applicant. Injuries found on the body of the injured are simple in nature and not dangerous to life. 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 20.5.2018, 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 undertake that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Prem Singh, be released on bail in Case Crime No. 172 of 2018, under Sections 307,504,506 IPC, Police Station- Kalan, DistrictShahjahanpur, on furnishing a personal bond and two sureties each 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 :- 25.9.2018 ssm
1 issue framed by the court
Whether the applicant is eligible for bail in a case involving Sections 307, 504, and 506 IPC.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Prem Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
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