The High Court dismissed objections to bail and allowed an exemption application for Alok Kashyap. He was released on personal bond with two sureties, subject to specific conditions including abstinence from tampering with evidence and compliance with high-concern directives.
Release on bail on provision of personal bond and two sureties.
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In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13345 of 2020
Applicant :- Alok Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Pratap Singh,Satish Chandra Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.
Heard learned counsel for the applicant and learned AGA through Video Conferencing.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Bail Application
The instant bail application has been filed on behalf of the applicant, Alok Kashyap, with a prayer to release him on bail in Case Crime No. 519 of 2019, under Sections 307, 120-B, 394, 411, 325, 326 IPC, Police Station C.B. Ganj District- Bareilly during pendency of trial.
Submission is that applicant was not named in the first information report. He has been subsequently implicated by the informant in this case. He was not arrested from the spot. The applicant alleges false implication in this case. It has been submitted that in case he was aware of applicant's involvement the informant could have implicated him in the first information report. The applicant is in jail since 03.12.2019.
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 his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.6.2020 SS
Digitally signed by JUSTICE SIDDHARTH Date: 2020.06.05 16:11:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in the criminal trial case.
What conditions should be imposed upon the release of the applicant on bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherRelied on¶13
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Alok Kashyap
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
