The court granted bail to the applicant in a gratification causing hurt case, citing the need for larger legal mandate under Article 21 and referring to Apex Court precedent, without expressing an opinion on the merits.
Release on bail under Section 307 IPC on personal bond and two sureties subject to standard conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27834 of 2020
Applicant :- Kallu @ Kailash Opposite Party :- State of U.P. Counsel for Applicant :- Gajendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Gajendra Pratap Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the main role of firing has been assigned to the co-accused Ram Ratan and no role of firing has been assigned to 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 has 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. It has also been submitted that the applicant is languishing in jail since 20.6.2020. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Kallu @ Kailash , be released on bail in Case Crime No.144 of 2019, under Section- 307 I.P.C., Police StationDiyoriakalan, District- Pilibhit, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
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 shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 18.9.2020 Dev/-
1 issue framed by the court
Whether bail should be granted to the applicant who claims false implication and is ready to cooperate with the trial.
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, reported in (2018) 2 SCC 22 · Who else cites this
Kallu @ Kailash
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
