Allowed

Natthu v. State of U.P.

Allahabad HC17 Sept 2020BAIL/27747/2020

Case brief

AI extract

What is this about?

In a bail application, the single judge granted bail to the applicant Natthu, who alleged false implication. The court ordered his release on a personal bond and two sureties, emphasizing that the decision does not reflect on the merits of the case.

What did the court decide?

Release granted on personal bond and two sureties of Rs. 1 Lakh each with conditions to appear for trial and not tamper with witnesses.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27747 of 2020

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Applicant :- Natthu Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to malafide intention and just to harass the applicant. He is innocent and has no criminal antecedent. It is further submitted that the applicant has not demanded any money from the complainant. Nothing incriminating relating to the crime has been recovered from the possession of the applicant. 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 08.12.2019. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

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Learned AGA vehemently opposed the prayer.

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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

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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.

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Let the applicant- Natthu involved in Case Crime No. 223 of 2019, under Sections 364A, 392 IPC, Police Station Naraini, District Banda be released on bail, on his executing a personal bond and two sureties of Rs. One Lac each (One should be of a family member), with the 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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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.

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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 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.

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Order Date :- 17.9.2020 Arti

Natthu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Natthu v. State of U.P.

Case brief

What is this about?

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