Allowed

Kartar and 3 Others v. State of U.P.

Allahabad HC14 Oct 2020BAIL/33887/2020

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous Bail Application, the single-judge High Court bench, relying on the larger mandate of Article 21 and the dictum of Dataram Singh, ordered the release of applicants on bail with specific conditions despite the gravity of the alleged offence.

What did the court decide?

Applicants released on bail on furnishing a personal bond and two sureties each, subject to specific conditions including cooperation in trial and no tampering with evidence.

Kartar and 3 Others Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33887 of 2020

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Applicant :- Kartar And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicants, Kartar, Ramhet, Suresh and Hariom , with a prayer to release them on bail in Case Crime No. 428 of 2019, under Sections 457, 380, 411, 413, 414 IPC, Police Station Achhnera, District- Agra, during pendency of trial.

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There is allegation regarding robbery of jewellery from the shop of jeweller against unknown persons.

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Learned counsel for the applicants has submitted that applicants were not named in the FIR. Subsequently, recovery of jewellery has been made from the applicants. There is no public witness of recovery. After implication in the present case, they have been implicated in 31 cases by the police only to work out the cases. They had no prior criminal history to their credit and they are in jail since 10.01.2020.

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Learned AGA has opposed the prayer for bail of the applicants.

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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 applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses,

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during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicants has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.

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The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accuseds will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 14.10.2020 Ruchi Agrahari

Kartar and 3 Others v. State of U.P.

Case brief

What is this about?

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Kartar and 3 Others v. State of U.P.

Case brief

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