Single paragraph judgment granting bail to the applicant accused under Section 364 IPC based on prima facie satisfaction and the larger mandate of Article 21.
The applicant was released on bail on furnishing a personal bond and two sureties each.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11834 of 2021
Applicant :- Abhishek Pathak @ Teeka Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani,Sanjeev Kumar Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA, 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 the applicant is not named in the first information report and his name has came into light during the course of investigation. It is next contended that some debts taken by the first informant from the applicant and the same was demanded back the present first information report was lodged against the applicant. 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 8.1.2021. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
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- Abhishek Pathak @ Teeka , be released on bail in Case Crime No.09 of 2021, under Sections- 364 IPC, Police Station- Mangalpur, District- Kanpur Dehat, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
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.
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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 14.9.2021 Dev/-
Digitally signed by Justice Vivek Kumar Singh Date: 2021.09.17 10:30:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant falsely implicated in a case involving demands of money.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 2 SCC 22 · Who else cites this
Abhishek Pathak @ Teeka
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
