In a criminal miscellaneous bail application, the court granted bail to the applicant Banti Tomar relying on the larger mandate of Article 21 and the precedent laid down in Dataram Singh v. State of U.P.
Applicant released on bail with a personal bond and two sureties of Rs. Two Lacs each subject to specific conditions.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37231 of 2018
Applicant :- Banti Tomar Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed on behalf of applicant, is taken on record.
Heard Sri Syed Ali Imam, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Nothing has been recovered from the possession of the applicant. The said fact has been mentioned in para 5 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 21.07.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also 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, 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.
Let applicant Banti Tomar be released on bail in Case Crime No. 263 of 2018, under Sections 3/7 Essential Commodities Act, Police Station- Anoopshahr, District- Bulandshahr on furnishing a personal bond and two sureties (Rs. Two Lacs each) (One should be of a family member) each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial 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 :- 4.1.2019 Arti
1 issue framed by the court
Whether bail should be granted to the applicant under Article 21 of the Constitution of India.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherApplied¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Banti Tomar
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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