The court allowed the criminal miscellaneous bail application filed by Atul Pathak, accused in a theft case. The court discharged personal bond conditions subject to the restoration of normal court functioning due to pandemics.
Release on bail subject to furnishing personal bond and two sureties, conditional on normal court functioning.
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Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11730 of 2020
Applicant :- Atul Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A.
Initially First Information Report was lodged regarding theft of one motorcycle.Subsequently recovery of seven motorcycles have been made from, co-accused Vijay Chaudhary, on the pointing out of the applicant.
Learned counsel for the applicant has submitted that applicant was not named in the First Information Report.He has been falsely implicated in this case. No recovery has been made from the applicant but has been made from the co-accused.The applicant is in jail since 26.11. 2019.The criminal history of 13 cases of the applicant has been explained in paragraph-3 of the supplementary affidavit.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Atul Pathak, who is involved in Case Crime No. 208 of 2019, under Sections 379, 411 I.P.C, Police StationKaptanganj , District- Basti, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.10.2020 Atul kr. sri.
1 issue framed by the court
Whether the applicant has made out a prima facie case for bail considering the nature of the offence and ruling on the spread of the novel coronavirus in jails.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
Atul Pathak
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
