Allowed

Alam v. State of U.P.

Allahabad HC29 Sept 2021BAIL/10047/2019

Case brief

AI extract

What is this about?

The Single Judge allowed a bail application filed by Alam in a case involving IPC sections 307, 504, and 120-B. The court noted the applicant's prolonged detention and hostile witnesses, applying the reformative theory of punishment and Article 21 to grant bail.

What did the court decide?

Release on bail on furnishing personal bond and two sureties, subject to conditions of attendance, no tampering with witnesses, and no illegal activities.

Alam Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10047 of 2019

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Applicant :- Alam Opposite Party :- State of U.P. Counsel for Applicant :- Prakash Chandra Srivastava,Anurag Vajpeyi,Ashwini Kumar Awasthi,Manoj Kumar Counsel for Opposite Party :- G.A.,Ashok Kumar Mishra,Jagdish Singh

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Hon'ble Rajiv Joshi,J.

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Heard Sri Manish Tiwari, learned Senior Advocate assisted by Sri Anurag Vajpeyi, learned counsel for the applicant, learned A.G.A for the State and perused the record. None has appeared on behalf of the informant even in the revised call of the cause list although, the names of Sri Ashok Kumar Advodate and Sri Mishra, Jagdish Singh are shown in the list

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 506 of 2017, under Sections- 307, 504 and 120-B IPC, Police Station- Kotwali, District- Deoria, during pendency of trial.

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It is submitted by learned counsel for applicant that applicant is languishing in jail since 16.7.2017 (more than four years). The statements of the four witnesses recorded before the trial and the said witnesses have been declared hostile. The applicant has no previous criminal history and if he is released on bail, there is no chance of him absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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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. The application is allowed.

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Let the applicant, Alam who is involved in aforesaid crime 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 will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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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.

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

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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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Order Date :- 29.9.2021 Akbar

Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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