Court granted bail to two applicants accused under IPC Sections 147, 148, 326, 506 pending trial in a criminal case.
Bail granted on personal bond and two sureties each with specific conditions attending trial and not tampering with witnesses.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27433 of 2020
Applicant :- Praveen @ Harishankar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Azad Singh, learned AGA for the State and perused the record.
The submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present due to ulterior motive. They are innocent and have no criminal antecedent. It is further submitted that the applicants are students and the injuries are simple in nature. Learned counsel for the applicant submits that co-accused Naveen alias Ram Mohan has been granted bail by this Court today passed in Crl. Misc. Bail Application No. 27243 of 2020. He claims parity. 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 have 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 themselves available before the court whenever required. The applicants are languishing in jail since 24.6.2020. They undertake that they will not misuse the liberty, if granted, therefore, they may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 and without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicants- (i) Praveen alias Harishankar and (ii)
Balwan Singh involved in Case Crime No. 259 of 2020, under Sections 147, 148, 326, 506 IPC, Police Station Gajner, District Kanpur Dehat be released on bail, on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned by each applicant, with the following conditions:
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
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 parties are permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court.
Order Date :- 18.9.2020 Digamber
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, (2018) 3 SCC 22 · Who else cites this
Praveen @ Harishankar
Balwan Singh
Vivek Kumar Singh
As recorded by the court registry
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