Allowed

Kapil v. State of U.P.

Allahabad HC19 Nov 2020BAIL/26483/2020

Case brief

AI extract

What is this about?

This court disposed of a criminal bail application filed by Kapil under the Arms Act. The single-judge bench, relying on the larger mandate of Article 21 and a Supreme Court precedent, granted bail subject to strict conditions regarding sureties and cooperation with the trial.

What did the court decide?

Release on bail by executing a personal bond and two sureties, subject to specific conditions regarding court functioning and trial conduct.

Kapil Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 91

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26483 of 2020

¶3

Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gautam Chowdhary,J.

¶5

Rejoinder affidavit, filed by learned counsel for the applicant, is taken on record.

¶6

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

¶7

The present bail application has been filed on behalf of the applicant, Kapil , with a prayer to release him on bail in Case Crime No. 105 of 2020, under Sections 5/25 Arms Act., Police Station- Mandawar, District- Bijnor, during pendency of trial.

¶8

The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to political rivalry. There is no recovery from the possession of applicant. The applicant is a poor labour. 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is languishing in jail since 18.6.2020.

¶9

Learned AGA for the State has vehemently opposed the prayer for bail.

¶10

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 :-

¶11

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without

¶13

seeking any adjournment.

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his/her bail shall be effective after the period of short-term bail comes to an end.

¶16

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶17

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶18

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶19

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶20

Order Date :- 19.11.2020

¶21

Vandana

Kapil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kapil v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Rahman Vs State of U.P.

Mukesh Vs State of U.P.

Bahav Ali @ Alli Vs State of U.P.

Baldev Vs State of U.P.

Sundar @ Mongali Vs State of Up

Sundar Alias Mongali Vs State of Up