Allowed

Randheera and 2 Others v. State of U.P.

Allahabad HC12 Sept 2018BAIL/30071/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicants in an assault case under Sections 323, 504, 506, and 308 IPC, emphasizing the larger mandate of Article 21 and citing Dataram Singh v. State of U.P., applying liberty subject to standard conditions.

What did the court decide?

Applicants released on bail under a personal bond and two sureties each, subject to standard conditions of cooperation and non-tampering.

Randheera and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30071 of 2018

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Applicant :- Randheera And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed in the Court today is taken on record.

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Heard Sri Jaysing Yadav, learned counsel for the applicants and learned A.G.A. appearing for the State.

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Learned counsel for the applicants submitted that in the F.I.R. general allegation of assaulting the victim has been made against the applicants. There is no independent witness of the incident. All the witnesses are the family members and hence partisan. The medical report of the injured shows that the injuries sustained by the him are simple in nature. He lastly submitted that the applicants have no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. Further submission is that applicants who are in jail since 16.7.2018 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. Applicants also undertakes that they will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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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.

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Let the applicants Randheera, Smt. Kunwar Bai and Rakesh be released on bail in Case Crime No. 847 of 2017, under Sections 323, 504, 506 and 308 I.P.C., P.S. Banpur, districtLalitpur on their furnishing personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicants will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever.

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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 applicants to prison.

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Order Date :- 12.9.2018 Faridul

Randheera and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Randheera and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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