Allowed

Devesh Pratap Singh Gurjar @ Vikky v. State of U.P.

Allahabad HC24 Sept 2020BAIL/25423/2020

Case brief

AI extract

What is this about?

A criminal bail application was disposed of where the applicant, accused in sections 147, 148, 149, 504, 323, and 307 IPC, sought bail. The court granted bail citing parity with co-accused who were already released.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties on conditions including appearing for trial, not tampering with witnesses, and not indulging in illegal activities.

Devesh Pratap Singh Gurjar @ Vikky Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25423 of 2020

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Applicant :- Devesh Pratap Singh Gurjar @ Vikky Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.,G.S. Chauhan,Gs Chauhan

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Hon'ble Vivek Kumar Singh,J.

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

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It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next contended that coaccused person namely Shiv Pratap Singh @ Ram Sindoor, Ram Gurjar, have been granted bail by another Bench of this Court vide order dated 3.9.2020, passed in Crl. Misc. Bail Application No.25744 of 2020,(copy of the said order has been produced before the Court which is taken on record), and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 28.6.2020.

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Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused person has been granted bail.

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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- Devesh Pratap Singh Gurjar @ Vikky, be released on bail in Case Crime No. 135 of 2019, under Sections- 147, 148, 149, 504, 323, 307 IPC, Police Station- Samthar, District- Jhansi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/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 :- 24.9.2020 ssm

Devesh Pratap Singh Gurjar @ Vikky v. State of U.P.

Case brief

What is this about?

What did the court decide?

Devesh Pratap Singh Gurjar @ Vikky v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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