Allowed

Jatin v. State of U.P.

Allahabad HC16 Jun 2020BAIL/8018/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the High Court allowed the applicant's request for bail in cases involving kidnapping and culpable homicide not amounting to murder. The court relied on Article 21 and a Supreme Court precedent, noting the applicant's lack of prior record, and granted bail subject to specific conditions, including furnishing sureties once courts resume normal functioni

What did the court decide?

Bail granted via personal bond and two sureties (subject to verification) upon restoration of normal court functioning, with strict conditions against interfering with evidence or committing new crime

Jatin Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8018 of 2020

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Applicant :- Jatin Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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The allegation in the First Information Report is that at about 2 A.M. father of the informant was sleeping outside the house when some thieves entered in the house of the informant and theft of certain article was done. The father of the informant caught hold of one person. They fired on him and he received injury.The applicant is person, who is alleged to have been caught by father of the informant.Applicant was labour and he was brought to the house by the father of the informant. After dacioty took place applicant was falsely implicated in this case because he was present on the spot but real culprit escaped from the spot and they were not arrested.The recovery of country made pistol was made from the open place, such recovery has been assigned to the applicant. Applicant is in jail since 7.4.2019 and has no criminal history to his credit.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, 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.

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Let the applicant, Jatin, who is involved in Case Crime No. 85 of 2019, under Sections 396, 412 I.P.C, Police Station-Kadar Chawk , District- Badaun, 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 16.6.2020 Atul kr. sri.

Jatin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jatin v. State of U.P.

Case brief

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What did the court decide?

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