In a bail application under Sections 41, 411, 413 IPC, the court, referring to Dataram Singh, granted bail to the applicant pending trial on conditions including furnishing sureties and not tampering with evidence or committing new offenses.
Release on bail with personal bond and two sureties subject to conditions regarding conduct and trial attendance.
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. - 29260 of 2018
Applicant :- Mahesh Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Mahesh Singh with a prayer to release him on bail in Case Crime No. 104 of 2018, under Sections 41, 411, 413 IPC, Police Station Khuldabad, District- Allahabad, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has no prior criminal history. Alongwith present implication, he has been implicated in six other cases, which have been explained by the learned counsel for the applicant in paragraph No.5 of the affidavit in support of the bail application. The applicant is languishing in jail since 20.3.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of 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, let the applicant Mahesh Singh involved in the aforesaid crime 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 with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.8.2018 Ruchi Agrahari
1 issue framed by the court
Whether the applicant is entitled to release on bail with sureties.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
Mahesh Singh
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
