Allowed

Dinanath v. State of U.P.

Allahabad HC1 Oct 2018BAIL/37593/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 37593 of 2018, the High Court granted bail to Dinanath in a case under Sections 363 and 366 IPC, relying on the larger mandate of Article 21 and the dictum of Dataram Singh v. State of U.P., without expressing a view on the merits.

What did the court decide?

Released on bail under Sections 363, 366 IPC pending trial on furnishing personal bond and two sureties subject to standard conditions.

Dinanath 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. - 37593 of 2018

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Applicant :- Dinanath Opposite Party :- State Of U.P. Counsel for Applicant :- Vishnu Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Vishnu Kumar, learned counsel for the applicant, Sri Shashi Shekhar Tiwari, learned AGA for the State and perused the material brought on record.

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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. It is further submitted that as per statement of victim recorded u/s 164 Cr.P.C. the victim herself stated that on 22.01.2018 she left the house with her own sweet Will , nobody force her or kidnapped her and she called Manjeet and on 23.01.2018 they solemnized their marriage with her own free Will . A copy of marriage certificate of Manjeet and Victim and statement of victim recorded u/s 164 Cr.P.C. both have been annexed as Annexure Nos. 3 and 7 respectively to the affidavit filed in support of bail application. It is also submitted that as per statement recorded u/s 164 Cr.P.C. there is no allegation to anybody thus applicant has not role in the present case thus no offence is made out against the applicant. 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 26.01.2018 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.

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

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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 applicant Dinanath be released on bail in Case Crime No.

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207 of 2018, under Sections 363, 366 IPC, Police StationSihani Gate, District- Ghaziabad on furnishing a 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 applicant will co-operate with the trial 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.

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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 applicant to prison.

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Order Date :- 1.10.2018 Arti

Dinanath v. State of U.P.

Case brief

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Dinanath v. State of U.P.

Case brief

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