In Criminal Misc. Bail Application No. 29610 of 2018, the Hon'ble Court granted bail to Hansraj @ Rajhans accused under Sections 307 and 504 IPC. The court referred to Dataram Singh and imposed personal and surety bonds with standard conditions.
Release on bail furnishing personal bond and two sureties each in like amount.
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. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29610 of 2018
Applicant :- Hansraj @ Rajhans Opposite Party :- State Of U.P. Counsel for Applicant :- Amresh Malviya Counsel for Opposite Party :- G.A.,Dharam Veer Singh
Hon'ble Vivek Kumar Singh,J.
Counter affidavits filed on behalf of State as well as on behalf of complainant in the Court today are taken on record.
Heard Sri Amresh Malviya learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the first information report was lodged by the daughter of the victim, alleging therein that her father had assaulted her mother with knife. He next submitted that the applicant has not committed any offence and he has been falsely implicated in the present case due to some ulterior motive. He further submitted that the injuries sustained the injured are simple in nature. No incriminating article or material has been recovered either from the applicant or on his pointing out. The recovery which is said to have been made from the applicant was planted one. 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 20.2.2018 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 undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, 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 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Hansraj @ Rajhans be released on bail in Case Crime No. 0154 of 2018, under Sections 307 and 504 I.P.C., P.S. Karhal, district-Mainpuri 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 :- 11.10.2018 Faridul
2 issues framed by the court
Whether the applicant should be released on bail in a case involving Sections 307 and 504 IPC.
Whether the applicant poses a risk of fleeing or tampering with evidence warranting denial of bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
Hansraj @ Rajhans
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
