Allowed

Narendra Singh v. State of U.P.

Allahabad HC3 Sept 2020BAIL/18680/2020

Case brief

AI extract

What is this about?

The court granted bail to Narendra Singh in a case involving matrimonial offences. Relying on the reformative theory of punishment and Article 21, bail was granted on a personal bond and sureties without expressing an opinion on the case merits.

What did the court decide?

Released on bail under Sections 498-A, 323, 504, 506, 313 IPC and Dowry Prohibition Act on furnishing a personal bond and two sureties.

Narendra Singh Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18680 of 2020

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Applicant :- Narendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Zafeer Ahmad, learned counsel for the applicant, Sri Sanjay Singh, learned AGA- I, for the State and perused the material brought on record.

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It is contended by learned counsel for the applicant that applicant is innocent and has not committed the offence as alleged in the FIR. The applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that First Information Report does not corroborate with the statement of the Doctor on the point of delivery of child. There is also contradiction in the statement of the victim and witnesses recorded under section 161 and 164 Cr.P.C. 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 is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 6.1.2020, and undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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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.

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Let applicant- Narendra Singh, be released on bail in Case Crime No.1109 of 2018, under Sections - 498-A, 323, 504, 506, 313 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Civil Lines, DistrictMoradabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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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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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.

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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.

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Order Date :- 3.9.2020 ssm

Narendra Singh v. State of U.P.

Case brief

What is this about?

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Narendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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