This order grants bail to an applicant accused under Sections 366 and 376 IPC based on the prima facie satisfaction of the court, citing Article 21 and a Supreme Court precedent, without deciding the merits of the case.
Release on bail via personal bond and two sureties each in like amount, subject to standard conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18086 of 2020
Applicant :- Shyam Sundar Opposite Party :- State of U.P. Counsel for Applicant :- Ulajhan Singh Bind,Lal Mani Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A., appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that there is major contradiction in the FIR as well as in the statement of the victim recorded under Section 164 Cr.P.C. It is further submitted that the medical report of the victim does not corroborate with the prosecution story. It is further submitted that no such indient has taken place. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant 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 applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.1.2020. It has been pointed out that the applicant has 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 applicant- Shyam Sundar , be released on bail in Case Crime No.30 of 2020, under Sections- 366, 376 IPC, Police StationBidhuna, District- Auraiya, 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 :- 21.9.2020 Dev/-
1 issue framed by the court
Whether bail can be granted to the applicant who satisfies the prima facie conditions under Article 21 of the Constitution.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22Referred¶8
Shyam Sundar
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
