The court released the three applicants on bail in a bail application challenging an order under the Indian Forest Act and Wild Animal Protection Act, imposing specific conditions and acknowledging partial short-term bail.
Release on bail on personal bond and two sureties each subject to specific conditions.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36237 of 2020
Applicant :- Satya Prakash And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicants Satya Prakash, Simun and Sajjan with a prayer to release them on bail in Case Crime No. 38 of 2020, under Sections 26(1)F Indian Forest Act and section 27,29, 51(1) Wild Animal Protection Act, Police Station- Bargadawa, DistrictMaharajganj during pendency of trial.
The submission advanced by learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Next argued that recovery is planted and not supported by any independent witness. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. It is further contended by learned counsel for the applicants that the applicants are languishing in jail since 21.8.2020 having no criminal history.
Learned AGA for the State has opposed the prayer for bail.
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 :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.12.2020
RPD
1 issue framed by the court
Whether the applicants are entitled to release on bail under the prevailing circumstances considering the larger mandate of Article 21.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
4 provisions across 2 enactments
Satya Prakash
Simun
Sajjan
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
