The Court granted bail to the applicant, Sultan @ Sher Singh, who was pursuing a bail application in a murder attempt case under IPC 307, relying on alleged false implication and jail congestion.
Relief granted: Release on bail by furnishing a personal bond and two sureties in the like amount satisfying the court.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30839 of 2020
Applicant :- Sultan @ Sher Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Shukla,Rahul Gaur Counsel for Opposite Party :- G.A.,Rakesh Kumar Singh Chauhan
Hon'ble Rajiv Joshi,J.
Heard Sri Rahul Gaur, learned counsel for the applicant, learned A.G.A. for the State, Sri Rakesh Kumar Singh Chauhan, learned counsel for the informant, and perused the record.
This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 184 of 2020, under Sections 147, 323, 452, 307, 34 IPC, P.S. Khandauli, District Agra, during pendency of trial.
It is contended by learned counsel for the applicant that he has falsely been implicated in the present case due to ulterior motive. As per the first information report, the applicant along with some unknown persons had assaulted the son of the informant, when she went somewhere outside the house. In the statement of the injured recorded under Section 161 Cr.P.C., role of locking the door has been assigned to the applicant. The role of assaulting and throttling has been assigned to co-accused Ajay, Omi and Bantu, which is distinguishable from the applicant. It has been further submitted that applicant is in jail since 06.08.2020 having criminal history of two cases, which has been explained in paragraph 7 of the rejoinder affidavit 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 applicant is 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 applicant.
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 applicant- Sultan @ Sher Singh involved in the aforesaid crime 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 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 :- 17.12.2020
Noman
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a bail application filed during the pendency of trial considering factors of false implication and jail congestion.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Sultan @ Sher Singh
State of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
