Allowed

Badan Singh v. State of U.P.

Allahabad HC4 Oct 2018BAIL/38109/2018

Case brief

AI extract

What is this about?

In a bail application under Article 21, the Court granted bail to the applicant on grounds of parity with a co-accused, lack of criminal history, and prima facie satisfaction regarding the reformative theory of punishment without opining on trial merits.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties in like amounts without expressing any opinion on the merit of the case.

Badan Singh 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. - 38109 of 2018

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Applicant :- Badan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Mahesh Chandra Tiwari, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that coaccused Fakira @ Atendra Singh, has been granted bail by this Court vide order dated 30.7.2018, in Crl. Misc. Bail Application No.28357 of 2018, a copy of said order has been annexed as Annexure-6 to the affidavit filed in support of bail application, and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 20.03.2018.

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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, 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.

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Let applicant Badan Singh, be released on bail in Case Crime No.793 of 2017, under Sections 364-A IPC, Police Station- Sikandra, District- Agra, 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 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.

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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 :- 4.10.2018

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ssm

Badan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Badan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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