Court granted bail to the applicant involved in a criminal trial under multiple IPC charges. The release was conditioned upon furnishing a personal bond and two sureties upon restoration of normal court functioning.
Applicant released on bail subject to furnishing personal bond and two sureties upon restoration of normal court functioning.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33385 of 2020
Applicant :- Anil Khan Pankhiya Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Mathur,Sanjay Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Rakesh Kumar Mathur, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 144 of 2020, under Section 41/102 Cr.P.C and Sections 399, 402, 307, 420, 467, 468, 471 and 411 IPC, P.S. Hajratpur, District Budaun, during pendency of trial.
As per the first information report, the accused persons were apprehended by police making plan to commit dacoity and were also talking about regarding robbing of jwellery, doda powder and mentha oil. Admittedly, no first information report was lodged with regard to robbery of jewellery, doda powder and mentha oil.
It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. It is a case of no injury and no independent public witness has been mentioned in the recovery memo. It is lastly submitted that applicant is in jail since 23.7.2020, having criminal history of 7 cases, which has been explained in paragraph 4 to 9 of the supplementary affidavit dated 17.11.2020 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- Anil
Khan Pankhiya 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 :- 8.12.2020 Noman
2 issues framed by the court
Whether the applicant is entitled to be released on bail.
What conditions are necessary for granting bail in this case.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Anil Khan Pankhiya
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
