Criminal Misc. Bail Application wherein the High Court granted bail to the applicant in Case Crime No. 455 of 2018 regarding offenses under IPC and D.P. Act, subject to furnishing a personal bond and two sureties.
Release on bail in Case Crime No. 455 of 2018 under furnishing a personal bond and two sureties each.
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. - 35709 of 2018
Applicant :- Rishabh Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Prakash Chandra Srivastava,Shashi Dhar Pandey
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 Shashi Dhar Pandey, learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Further submission is that Application under section 9 of the Hindu Marriage Act was preferred by the applicant for restitution of conjugal right. Further submission is that injuries found on the body of the injured are simple in nature and not dangerous to life. 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 27.7.2018, 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. 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, perused the Application filed under section 9 of the Hindu Marriage Act, contents of the FIR,and injury report of the injured, 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 Rishab Verma, be released on bail in Case Crime No. 455 of 2018, under Sections 498-A, 323,307 IPC and 3/4 of D.P.Act, Police Station- Utter, District- Firozabad, 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 :- 20.9.2018 ssm
2 issues framed by the court
Whether the applicant Rishabh Verma is entitled to bail in the underlying criminal case pending before the court.
Whether the possession of benign injuries and lack of flight risk warrant the release of the applicant on bail in a domestic violence case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
(2018) 2 SCC 22 · Who else cites this
4 provisions across 4 enactments
Rishabh Verma
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
