Criminal Misc. Bail Application allowed granting bail to Anuj Kumar Yadav in a case involving Sections 504, 324, 307 IPC, citing virus spread in jails and following Dataram Singh.
Release of applicant on bail via personal bond and two sureties with specified conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35012 of 2020
Applicant :- Anuj Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Singh Yadav,Abhinav Prasad,Raghuraj Kishore,Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Raghuraj Kishore and Sri Vinay Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 134 of 2020, under Sections- 504, 324, 307 IPC, Police Station- Machhalishahar, District- Jaunpur, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present case. It is further contended that the applicant was not named in the FIR and his name was figured after 24 days in the statement of the injured, in which role of the applicant has been assigned that he stabbed with knife upon the injured. It is further contended that the injury report show that there is stab wound injury over left side unbar region of abdomen 2c.m.x .8c.m., muscle deep, bleeding present 2cm below from left rib, which is not fatal injury. The applicant is in jail since 3.9.2020 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Anuj Kumar Yadav who is involved in the aforesaid case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 16.12.2020 Akbar
1 issue framed by the court
Whether the applicant has made out a case for release on bail given the novel corona virus situation in jails and nature of offence.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
Anuj Kumar Yadav
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
