The High Court allowed the bail application of Amar Singh Yadav in a case involving affray and attempted murder, releasing him on personal bond and sureties despite opposition.
Release of applicant on bail via personal bond and two sureties subject to specified 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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8942 of 2020
Applicant :- Amar Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Singh Sengar,Suresh Dhar Dwivedi
Counsel for Opposite Party :- G.A.,Om Narayan Pandey
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and Sri Om Narayan Pandey, 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 applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that co-accused namely Chhotelal and Prempal have been granted bail by another Bench of this Court vide orders dated 17.6.2020 and 7.9.2020 passed in Criminal Misc. Bail Application Nos.14173 of 2020 and 24081 of 2010 a copy of said orders have been produced by learned counsel for the applicant today in the Court, which taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant 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 applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 30.12.2019. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant as well as 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 applicant- Amar Singh Yadav , be released on bail in Case Crime No.909 of 2019, under Sections- 147, 148, 149, 323, 307 I.P.C., Police Station- Puwayan, District- Shahjahanpur, 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 :- 28.9.2020
Dev/-
2 issues framed by the court
Whether the applicant is entitled to bail in the present criminal proceedings.
Whether the application of Article 21 and the reformative theory of punishment warrants release on bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Amar Singh Yadav
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
