The High Court, without expressing an opinion on the merits, released the applicants on bail under the larger mandate of Article 21, subject to specific conditions, including furnishing a bond with sureties.
Applicants released on bail by furnishing a personal bond and two sureties in the like amount subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13092 of 2020
Applicant :- Kallu @ Dharmveer And Anr. Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicants, Kallu @ Dharmveer and Daneer with a prayer to release them on bail in Case Crime No. 654 of 2019, under Sections 395, 412 IPC, Police Station Kanth, District- Shahjahanpur during pendency of trial.
The allegation against the applicants in the first information report against the unkown persons.
Learned counsel for the applicants submitted that they were arrested in Case Crime No.7 of 2020, under Sections 399, 402, 307 I.P.C, Police Station Katra, District Shahjahanpur and falsely implicated in this case. No identification parade was conducted to ascertain identity of the applicants. They are in jail since 09.01.2020. Applicants have criminal history of two cases explained in para 12 of the affidavit filed in support of the bail application.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.7.2020 SS
Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.09 10:13:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicants under the larger mandate of Article 21.
Colour shows how this judgement treated each authority
Kallu @ Dharmveer
Daneer
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
