This is a bail application wherein the High Court granted bail to the applicant, Shivsaran, accused under sections 363 and 366 IPC, relying on Dataram Singh. The Order directed expedited trial within six months and set conditional release on personal bond.
Applicant released on bail on personal bond with conditions to cooperate in trial and not tamper with evidence.
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Court No. - 55 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4834 of 2018 Applicant :- Shivsaran Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Singh,Ranjan Dhwaj Tiwari,Shad Khan Counsel for Opposite Party :- G.A.,Sudhanshu Pandey
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the personal affidavit of Sri Rakesh Prakash Singh, Superintendent of Police,District Maharajganj dated 3.10.2018. In this affidavit, it has been stated that the victim has not been recovered.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case and he has committed no offence. It is next contended that the applicant has no previous criminal history. It is further contended that the present case is the offcuts of complaint which was filed by him under section 165(3) Cr.PC on 21.9.2016 as the F.I.R of the present case was lodged on 24.9.2016. It has further been submitted that there is no evidence against the applicant which may show the complicity of the applicant in committing the said crime. It has also been submitted that the applicant is languishing in jail since 13.11.2017.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, 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, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Shivsaran, involved in Case Crime No.284 of 2016, under sections 363 and 366 I.P.C, P.S. Kothibahar, District- Maharajganj be released on bail on his
furnishing a personal bond with having sureties in the like amount to the satisfaction of the court concerned with the following conditions:
(1)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 applicants to prison.
(v) The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 22.10.2018 G.S
3 issues framed by the court
Whether the applicant accused under sections 363 and 366 I.P.C. is entitled to bail considering the severity of punishment and apprehension of witness tampering.
Whether the trial court is directed to expedite the trial within six months.
What conditions the applicant must adhere to upon being released on bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherRelied on¶6
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Shivsaran
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
