Court allowed bail application considering spread of novel corona virus in jails and invoking Apex Court dictum, despite gravity of offence, without expressing opinion on merits.
Applicant released on bail on personal bond and two sureties subject to conditions, effective after short term bail period.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4979 of 2020
Applicant :- Vikrant Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Mainuddin Ahamad, counsel for the applicant and learned A.G.A for the State.
The allegation in the FIR is against unknown persons regarding robbery. The applicant has been implicated for offence under Section 392/34 IPC. It has been submitted by the counsel for the applicant that arrest of the applicant was made in a case of police encounter and thereafter he has been falsely implicated in this case. He was not named in the FIR. It has been submitted that the applicant has been implicated in this case on the basis of his confessional statement regarding involvement in the present case. The applicant has criminal history of 42 cases explained in the bail application and rejoinder affidavit filed today. It has been submitted by the counsel for the applicant that in the present case he has been implicated only because of his long criminal history and suspicion after being arrested in the case stated above. The applicant has no role in this case. He is languishing in jail since 18.08.2019. Co-accused, Amit Kumar Yadav, has already been enlarged on bail vide Crl. Misc. Bail Application No. 2494 of 2020 dated 19.06.2020.
Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.
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- Vikrant Yadav , in Case Crime No. 222 of 2019, under Sections- 392/34 IPC, Police Station- Sarai Lakhansi, District- Mau, 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.
Order Date :- 9.9.2020 Rohit
1 issue framed by the court
Whether bail is maintainable by invoking dictum of Apex Court regarding larger mandate of Article 21 in view of spread of novel corona virus in jails.
Colour shows how this judgement treated each authority
Vikrant Yadav
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
