Bail granted to applicants Harveer and Chandraveer in a criminal case involving assault, subject to furnishing bonds and conditions, applying the reformative theory of punishment.
Applicants released on bail on personal bond and two sureties each, subject to specific conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4180 of 2020
Applicant :- Harveer And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey,Rohit Shukla Counsel for Opposite Party :- G.A.,Santosh Kumar Singh
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and Sri Santosh Kumar Singh, learned counsel for the complainant and Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that no specific role has been assigned to the applicants as only general role of assaulting the injured has been assigned to all the accused persons. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has 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. It has also been submitted that the applicants are languishing in jail since 3.1.2020. It has been pointed out that the applicants have no criminal history.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicants- Harveer and Chandraveer , be released on bail in Case Crime No.126 of 2019, under Sections- 325, 308 I.P.C., Police Station- Raya, District- Mathura, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
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 :- 29.9.2020 Dev/-
1 issue framed by the court
Whether bail should be granted to applicants falsely implicated in an assault case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherApplied¶8
(2018) 2 SCC 22 · Who else cites this
Harveer
Chandraveer
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
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