Allowed

Vikash v. State of U.P.

Allahabad HC28 Feb 2019BAIL/7411/2019

Case brief

AI extract

What is this about?

Single Judge granted bail to Vikash in a criminal case involving Arms Act offenses. The court applied the reformative theory of punishment and Article 21, citing a Supreme Court precedent, to conclude that the case qualifies for bail despite the severity of the charge.

What did the court decide?

Released on bail with personal bond and two sureties, subject to conditions of attendance, non-tampering with evidence, and no unlawful activities.

Vikash Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7411 of 2019

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Applicant :- Vikash Opposite Party :- State Of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Avinash Pandey, learned counsel for the applicant, Sri Sanjay Singh, learned AGA appearing for the State and perused the material brought on record.

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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 27.12.2017, and undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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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.

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Let applicant- Vikash, be released on bail in Case Crime No. 1076 of 2017, under Sections 3/25/27 of Arms Act, Police Station- Jhinjhana, district- Shamli, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:--

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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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.

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Order Date :- 28.2.2019 ssm

Vikash v. State of U.P.

Case brief

What is this about?

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Vikash v. State of U.P.

Case brief

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