Court granted interim bail to applicants in a criminal trial involving assault, Culpable Homicide, and intentional injury, citing pendency and Article 21 without expressing opinion on merits, subject to stringent conditions.
Applicants released on bail upon furnishing personal bond and two sureties each, subject to specific conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27470 of 2020
Applicant :- Akhilesh Ram And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey,Santosh Kumar Singh,Shailendra Kumar Rai Counsel for Opposite Party :- G.A.,Mukesh Kumar
Hon'ble Rajiv Joshi,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Santosh Kumar Singh, learned counsel for the applicants, learned A.G.A. for the State, Sri Mukesh Kumar, learned counsel for the informant and perused the record.
This instant bail application has been filed for releasing the applicants on bail in Case Crime No. 115 of 2020, under Sections 147, 148, 323, 504, 307 IPC, P.S. Shadiyabad, District Ghazipur, during pendency of trial.
It is contended by learned counsel for the applicants that as per the first information report, the applicants have assaulted the injured with fist, lathi, danda and gadasa. The role of firing has been assigned to co-accused Chhotu and general role has been assigned to present applicants. It is next contended by learned counsel for the applicants that there is a cross version and both the parties have lodged first information report against each other, in which both sides sustained injuries and it could not be ascertained at this stage as to which party is aggressor and the same could only be known after the full fledged trial. It is lastly contended by learned counsel for the applicants that applicants are in jail since 28.05.2020, having no other previous criminal history to their credit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicants are entitled for indulgence.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
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 applicants-
Akhilesh Ram and Shailesh Kumar involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 14.12.2020 Noman
1 issue framed by the court
Whether applicants are entitled to release on bail during pendency of trial under Article 21 of the Constitution.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherRelied on¶10
(2018) 3 SCC 22 · Who else cites this
Akhilesh Ram
Shailesh Kumar
State of U.P.
Rajiv Joshi
As recorded by the court registry
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