The Court allowed a bail application filed by Smt. Sita Shree accused of offences under IPC. Considering the spread of COVID-19 in jails and citing Dataram Singh, the Court held the applicant made out a case for bail.
The applicant is released on bail on furnishing a personal bond and two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38286 of 2020
Applicant :- Smt. Sita Shree Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Order on the Exemption Application
Application is allowed.
Order on the Bail Application
Heard learned counsel for the applicant and learned A.G.A.
The allegation in the First Information Report is that mother of the informant, Smt. Ramwati, executed sale deed of half share of Gata No. 275 on 28.9.2006 in favour of co-accused, Jai ram and thereafter Jairam has executed sale deed on 22.11.2012 in favour of the applicant, which is alleged to be fraudulent.Learned counsel for the applicant has submitted that applicant has been falsely implicated.She is only a purchaser of the property. The applicant is in jail since 18.8.2020 and has no criminal history.
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, Smt. Sita Shree, who is involved in Case Crime No. 101 of 2019, under Sections 420, 467, 468, 471, 323, 504, 506 I.P.C, Police Station-Talgram , District- Kannauj, be released on bail on her 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.
by intimidating/ pressurizing the witnesses, during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 9.11.2020 Atul kr. sri.
2 issues framed by the court
Whether the bail application for the applicant under IPC offences should be allowed considering the circumstances of the case.
What conditions should be imposed on the applicant upon release on bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶11
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Smt. Sita Shree
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
