In a bail application, the High Court allowed the prayer for the release of the applicant from custody. The court relied on the dictum of the Apex Court in Dataram Singh and observed that the applicant had made out a case for bail despite being implicated in a firing case.
Released on personal bond and two sureties subject to 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. - 6642 of 2020
Applicant :- Bhupendra Saini @ Anna Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.,Akash Tyagi
Hon'ble Siddharth,J.
List has been revised. No one appears on behalf of the informant.
Heard learned counsel for the applicant and learned A.G.A.
The allegation in the First Information Report is that two unknown persons followed the injured on the motorcycle and one of them sitting on pillion of motor cycle fired at the injured. Applicant was not named in the First Information Report nor any eyewitnesses have stated his name.It has been submitted that applicant has been falsely implicated.The applicant is in jail since 29.9.2019 and has no criminal history.
Learned A.G.A. has opposed the prayer for bail of the applicant and submitted that name of the applicant has surfaced in the confessional statement of co-accused , Kapil.He has admitted that he alongwith applicant followed the injured and applicant caused firearm injury to the injured. 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, Bhupendra Saini @ Anna , who is involved in Case Crime No. 246 of 2019, under Sections 307, 34 and 120-B I.P.C, Police StationKotwali Dehat , District- Bijnor, 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 :- 15.6.2020 Atul kr. sri.
3 issues framed by the court
Whether the applicant who is falsely implicated by a confessional statement of a co-accusedmade out a case for bail.
Whether the applicant has a clean criminal record to support bail.
Whether bail can be granted in a case involving culpable homicide not amounting to murder.
Colour shows how this judgement treated each authority
Bhupendra Saini @ Anna
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
