In a bail application, the court referred to Data Ram and held that the applicant is entitled to bail during the trial pending in a case under Sections 419, 420, 467, and 468 IPC.
Released on bail by executing a personal bond and furnishing two sureties each subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34249 of 2019
Applicant :- Ram Ashish Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Singh,Bhola Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 36A of 2001, under Sections 419, 420, 467 and 468 I.P.C., P.S. Kotwali, district-Mau, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the matter pertains to the year 1997 and the first information report was lodged in the year 2001. He next submitted that initially the matter was investigated by the police and the final report was submitted on 9.9.2004 but again this matter was reopened and CBCID has submitted charge sheet against the applicant. Further submission is that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 16.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3)
SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ram Ashish Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 36A of 2001, under Sections 419, 420, 467 and 468 I.P.C., P.S. Kotwali, district-Mau subject to 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 :- 9.9.2019 Faridul
3 issues framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial considering the nature of the offence and evidence.
Whether the applicant has been falsely implicated in the case due to some ulterior motive.
Whether the applicant will cooperate in trial and not misuse the liberty of bail.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶9
Data Ram Vs. State of U.P. and others, 2018(3)_SCC 22
Ram Ashish Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
