This bail application involved an applicant accused of assaulting a victim with a knife. The court granted bail, directing the petitioner to cooperate with the trial and expedite proceedings within six months, citing constitutional rights and precedent.
Release on bail with a personal bond and two sureties under specific conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26623 of 2018
Applicant :- Naved Opposite Party :- State Of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.,Sanjay Misra
Hon'ble Vivek Kumar Singh,J.
Heard Sri M.P.S.Chauhan learned counsel for the applicant, Sri Sanjay Misra, learned counsel for the complainant and Sri Sanjay Singh, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against the applicant and his brother alleging that when his daughter was working in the house of his elder brother the applicant entered in the house armed with a knife and caught the victim. Upon hue and cry being made by the victim some family members rushed there and saved her from the clutches of the applicant. Thereafter the applicant and co-accused came there and caused injuries to the injured by knives.
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 and the victim are neighbours and they have love affairs with each other. The victim is aged about 26 years and she had called upon the applicant where she was working.When the complainant and his brother saw the victim and applicant in a compromising position they become annoyed and beaten up both the persons causing injuries to them and in order to save their skin the complainant falsely implicated the applicant and his brother in the present case. The injured sustained two incised wounds and one lacerated wound and as per opinion of the doctor the injuries are simple in nature.The court has also perused the statement of the victim recorded under section 164 Cr.P.C.The victim used to send new years greetings to the applicant and as such she had fallen in love with the applicant. 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 18.5.2018. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned AGA have vehemently opposed the prayer for bail.
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 Naved involved in Case Crime No.423 of 2018, under Sections 452, 354, 323, 324 I.P.C., P.S.Delhi Gate, DistrictAligarh 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 applicant to prison.
The trial court is directed to expedite and conclude the trial of the applicant in the present case as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of the order,, if there is no legal impediment.
Order Date :- 8.10.2018
IA
2 issues framed by the court
Whether the applicant is eligible for release on bail on furnishing a bond with sureties under the relevant IPC sections.
What conditions should be imposed to ensure the applicant's appearance and prevent tampering with evidence.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Naved
State Of U.P.
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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