The Court granted bail to Dev Singh in a case under the U.P. Prevention of Cow Slaughter Act. Bail was allowed on two sureties of Rs. Two Lac each, subject to standard conditions, citing the reformative theory of punishment and Article 21.
Release on bail on personal bond and two sureties (Rs. 2 Lac each) subject to specified conditions.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5934 of 2019
Applicant :- Dev Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sunil Kumar Yadav, learned counsel for the applicant, Sri Karunakar 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. 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. The criminal history of the applicant has been explained in paragraph 6 of 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. 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 1.12.2018, 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 Dev Singh, be released on bail in Case Crime No. 433 of 2018, under Sections 5/25 of U.P. Prevention of Cow Slaughter Act, Police Station- Patiyali, district- Kasganj, on furnishing a personal bond and two sureties (Rs. Two Lac each) (One should be of a family member) before 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 :- 11.2.2019 ssm
3 issues framed by the court
Whether bail should be granted to the applicant in the pending criminal case.
Whether applicant can be released on bail by furnishing personal bond and sureties.
Whether any breach of bail conditions would attract cancellation of bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 2 SCC 22 · Who else cites this
Dev Singh
State Of U.P.
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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