Court granted bail to Shubham Mishra in Arms Act case upon finding prima facie he is not guilty of the offence and noting allegations of false implication, referencing Dataram Singh.
Released on bail under Arms Act upon furnishing personal bond and two sureties with conditions to cooperate with trial and not tamper with evidence.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10060 of 2019
Applicant :- Shubham Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Certified copy of the First Information Report filed today by learned counsel for the applicant is taken on record.
Heard Sri Ajay Kumar Mishra, learned counsel for the applicant, Sri Sanjay Singh, learned AGA appearing for the State and perused the material brought on record.
It has been submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that false recovery has been shown, nothing has been recovered from the possession or on the pointing out of the applicant. It is further submitted that there is no evidence to connect the applicant with the present matter. There is no independent witness of the alleged offence/recovery. 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 is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 1.2.2019, and 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, 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- Shubham Mishra, be released on bail in Case Crime No. 40 of 2019, under Sections 3/7/25 of Arms Act, Police Station- Dohariaghat, district- Mau, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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 :- 15.3.2019 ssm
3 issues framed by the court
Whether the applicant is entitled to bail considering the allegations of false implication and lack of independent witnesses?
Whether the findings of the High Court below in Duncan HUSSAIN v. State of U.P. & anr. are applicable to the present case?
Whether the potential prima facie satisfaction of the Court in support of the charge would preclude grant of bail?
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Shubham Mishra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
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