Coram Vivek Kumar Singh, J., the Court allowed bail to the applicant Bal Karan under Sections 420, 354-B, 504, 506 IPC by attaching conditions for appearance, non-tampering with witnesses, and no illegal activities.
Released on bail on furnishing a personal bond with two sureties in accordance with specified conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39996 of 2018
Applicant :- Bal Karan Opposite Party :- State Of U.P. Counsel for Applicant :- Dhirendra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Dhirendra Bahadur Singh, learned counsel for the applicant and Ms. Usha Asthana, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant at the behest of the complainant only to put pressure on 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. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 12.9.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
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.
Without expressing any opinion on the merits of the case let the applicant Bal Karan involved in Case Crime No.1054 of 2016, under Sections 420, 354-B, 504, 506 I.P.C., Police Station Haldharpur, District Mau be released on bail on his furnishing a
personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.10.2018 Dev/-
3 issues framed by the court
Whether the applicant shall be released on bail after furnishing a personal bond with two sureties.
Whether the applicant shall be granted bail despite the allegations of false implication and civil dispute raised in the criminal trial.
What conditions shall be imposed on the grant of bail in the present case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherRelied on¶8
(2018) 3 SCC 22 · Who else cites this
Bal Karan
Vivek Kumar Singh
As recorded by the court registry
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Vivek Kumar Singh
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