Allowed

Ovesh v. State of U.P.

Allahabad HC20 Oct 2020BAIL/34026/2020

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Ovesh in Cases Crime No. 324 of 2020. Despite allegations of false implication and prior criminal history, the applicant was granted bail subject to personal bond and two sureties, with conditions tailored for the restoration of normal court functioning.

What did the court decide?

Released on bail on personal bond and two sureties subject to specified conditions regarding court functioning and adherence to trial.

Ovesh Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34026 of 2020

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Applicant :- Ovesh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Supplementary affidavit filed today is taken on record.

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

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Bail Application

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The instant bail application has been filed on behalf of the applicant, Ovesh, with a prayer to release him on bail in Case Crime No. 324 of 2020, under Sections 379, 411 IPC, Police Station Kotwali, District- Shahjahanpur, during pendency of trial.

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There is allegation against unknown persons regarding theft of a motorcycle.

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Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. Although recovery has been made from the applicant, but there is no public witness of the same. He has criminal history of eight cases explained in supplementary affidavit and is in jail since 30.6.2020.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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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 applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and

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two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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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 :- 20.10.2020 Ruchi Agrahari

Ovesh v. State of U.P.

Case brief

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Ovesh v. State of U.P.

Case brief

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