Allowed

Kartar and 3 Others v. State of U.P.

Allahabad HC10 Sept 2020BAIL/12121/2020

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by four appellants accused of theft under Sections 380, 411, 457 IPC. The Court noted they were falsely implicated and already enlarged on bail in seven other cases, citing the spread of the coronavirus and a Supreme Court precedent.

What did the court decide?

Applicants released on bail by furnishing a personal bond and two sureties each, subject to specific conditions including verification of the order.

Kartar and 3 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12121 of 2020

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Applicant :- Kartar And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants and learned A.G.A.

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The First Information Report was lodged against four unknown persons regarding theft in the shop of the informant.There is allegation of theft of D.V.R. and C.C.T.V. Camera.

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Learned counsel for the applicants has submitted that applicants have been falsely implicated in this case.They were not named in the First Information Report.The recovery of certain goods have been shown against all the accuseds, not the goods alleged to be stolen in the First Information Report.It is a case of false implication.Applicants have been implicated in 31 cases simultaneously including the present case. Applicant have already enlarged on bail in seven cases. The applicants are in jail since 10.1.2020.

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Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid facts.

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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 applicants have made out a case for bail. The bail application is allowed.

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Let the applicants, Kartar, Suresh, Ramhet, Hariom, who are involved in Case Crime No. 354 of

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2019, under Sections 380, 411, 457 I.P.C, Police Station-Shamshabad , District- Agra, be released on bail on their 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.

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 10.9.2020 Atul kr. sri.

Kartar and 3 Others v. State of U.P.

Case brief

What is this about?

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Kartar and 3 Others v. State of U.P.

Case brief

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