Single judge granted bail to applicants alleged falsely implicated in Sections 363 IPC case, ordering personal bond and sureties subject to standard conditions while preserving merit for trial.
Release on bail under Section 363 IPC by furnishing personal bond and two sureties each to satisfaction of magistrate/court concerned.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17968 of 2020
Applicant :- Sona @ Shivani And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shri Prakash Dwivedi, learned counsel for the applicants, Sri Sanjay Singh, learned A.G.A.-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that the applicants were not named in the first information report and there names came into light during the course of investigation. It is further submitted that the victim has already recovered. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselve available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 21.2.2020. It has been pointed out that the applicants have no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
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.
Let applicants- Sona @ Shivani and Shankar Chauhan , be released on bail in Case Crime No.164 of 2019, under Sections363 I.P.C., Police Station- Padari, District- Mirzapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 29.9.2020 Dev/-
1 issue framed by the court
Whether bail should be granted to the applicants on grounds of false implication lacking criminal history pending trial.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Sona @ Shivani
Shankar Chauhan
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
