In Criminal Misc. Bail Application No. 350 of 2020, the Hon'ble High Court of Allahabad, vide a single-paragraph order, released the applicant Sachin Dutta on bail with conditions, referencing a Supreme Court dictum regarding Article 21, without expressing an opinion on the case merits.
Cancellation of bail denied; Applicant released on bail with conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 350 of 2020
Applicant :- Sachin Dutta Opposite Party :- State of U.P. Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant, Sachin Dutta, a prayer to release him on bail in Case Crime No. 939 of 2016, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station- Vijay Nagar, District- Ghaziabad, during pendency of trial.
The allegation in the F.I.R. is that the informant has purchased a flat from M/s Balaji High-Tech Constructions Pvt. Ltd, Foster Height, Plot GH 06, Ghaziabad. The possession of the flat was given to the informant but no sale deed was executed in her favour. Thereafter, the informant came to know that some loan has been taken by the named accused persons and the applicant by mortgaging the aforesaid flat from Punjab National Bank. Therefore, she lodged the F.I.R. Learned counsel for the applicant submitted that the F.I.R. was lodged only on the basis of apprehension. Subsequently, sale deed had been executed in favour of the informant on 19.10.2016 when the F.I.R. was lodged on 04.07.2016. Now the title dispute of the property has come to an end. Informant has falsely alleged that the property has been mortgaged to the bank for the purpose of sanction of loan. The applicant is languishing in jail since 10.03.2017. He has criminal history of 31 cases. He has been enlarged on bail in one case prior to this case.
Learned A.G.A. has opposed the prayer for bail of 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 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 :- 7.9.2020 KS
1 issue framed by the court
Whether to grant bail to the applicant in the pending trial under Sections 420, 467, 468, 471, and 506 IPC.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶10
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Sachin Dutta
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
