Single judge granted bail to Asrar Ahmad in a criminal case involving sections 498A, 326, 307, 506 IPC, relying on the dictum of Dataram Singh case and reformative theory of punishment without expressing opinion on merits.
Applicant released on bail under Sections 326, 307, 506 IPC on personal bond and two sureties with specific conditions.
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. - 35044 of 2018
Applicant :- Asrar Ahmad Alias Sheru Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary Affidavit filed today by learned counsel for the applicant is taken on record.
Heard Sri Sanjay Singh, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next contended that complainant and applicant are husband and wife, the victim on the pressure of her family members has roped the applicant in the present case. There is no eye witness of the alleged incident. The injuries are superficial burn injury and simple in nature. It is further contended that criminal history of the applicant has been explained in the Supplementary Affidavit. 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 13.5.2018, 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 undertakes 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 Asrar Ahmad alias Sheru, be released on bail in Case Crime No. 141 of 2018, under Sections 498A, 326,307,506 IPC, Police StationShahganj, District- Allahabad, 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 :- 18.9.2018 ssm
2 issues framed by the court
Whether bail should be granted to applicant in murder and assault charges.
Whether falsity of allegations and lack of eye witness justified bail.
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
Asrar Ahmad Alias Sheru
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
