The High Court allowed the bail application under Section 307 IPC, granting release on personal bond and sureties, citing the spread of the novel coronavirus and a lack of opinion on case merits.
Release on personal bond and two sureties subject to conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28713 of 2020
Applicant :- Anil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh,Kumar Ashutosh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Counter affidavit filed today on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 1143 of 2018, under Section- 307 IPC, Police Station- Izzat Nagar, District- Bareilly, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present. It is further contended that as per the FIR, role of firing upon the injured has been assigned to the applicant, although the injury report indicates that the injury received by the injured is not his vital part and are simple in nature. It is further contended that the charge-sheet had already been submitted on 22.4.2020 and investigation has been completed. The applicant is in jail since 13.3.2020 and the criminal history of the applicant has been explained in paragraph no.13 to the affidavit filed in support of the bail application and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail
application is allowed.
Let the applicant, Anil Yadav who is involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 2.12.2020 Akbar
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Dataram Singh Vs. State of U.P. and anotherReferred¶10
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
Anil Yadav
Rajiv Joshi
As recorded by the court registry
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Rajiv Joshi
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