Hon'ble Vivek Kumar Singh, without deciding on merits, treated the matter as a bail case and released the applicant on personal bond and two sureties.
Released on bail upon executing a personal bond and two sureties in like amount to the satisfaction of the court concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27737 of 2020
Applicant :- Khushbu Alias Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to village party bandi with malafide intention and ulterior motive. The entire allegation as contained in the impugned first information report are wholly frivolous, malicious and untrue on all the factual grounds. He is innocent and has no criminal antecedent. 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 have also been touched upon at length. 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. The applicant is languishing in jail since 08.06.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned AGA vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, 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 applicant- Khushbu Alias Mohit involved in Case Crime No. 141 of 2020, under Sections 147, 148, 149, 323, 504, 506, 324, 307/34 IPC, Police Station Sherkot, District Bijnor be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, 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 party is 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 :- 17.9.2020 Arti
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving sections 147, 148, 149, 323, 504, 506, 324, 307/34 IPC.
Whether the allegations of false implication and village party bandi justify release on bail.
Whether the applicant furnishing a personal bond and sureties is sufficient condition for bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 3 SCC 22 · Who else cites this
Khushbu Alias Mohit
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
