Criminal Misc. Bail Application allowed. Court held applicant, though unnamed in FIR, made out a case for bail under Article 21, referencing Dataram Singh. Released on personal bond and sureties.
Applicant released on bail with personal bond and two sureties, subject to specified conditions including verification and non-interference.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6296 of 2020
Applicant :- Arvind Kesharwani Alias Manju Opposite Party :- State of U.P. Counsel for Applicant :- Faizan Siddiqui Counsel for Opposite Party :- G.A.,Ravindra Kumar
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
It is submitted that applicant was not named in the First Information Report.His name has surfaced in the statements of informant and witness Irshad.The applicant is in jail since 1.10.2019.
Keeping in view the nature of the offence, 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, Arvind Kesharwani Alias Manju , who is involved in Case Crime No. 298 of 2019, under Sections 307, 504 I.P.C, Police StationSaini , District- Kaushambi, 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 :- 10.6.2020 Atul kr. sri.
2 issues framed by the court
Whether the applicant has made out a case for bail despite not being named in the FIR.
Whether the bail application qualifies for approval under Article 21 of the Constitution.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶7
(2018)3 SCC 22 · Who else cites this
Arvind Kesharwani Alias Manju
Sidharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
