The.Single Judge considered a bail application filed on behalf of two applicants accused of offenses including rioting, voluntarily causing hurt, and criminal intimidation. The court granted bail, directing the trial court to expedite the trial.
Released on bail on a personal bond and two sureties of Rs. Two Lacs each.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12820 of 2021
Applicant :- Ashok @ Munna Tiwari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Tiwari Counsel for Opposite Party :- G.A.,Hari Narayan Singh
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, learned AGA, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that no specific allegation leveled against the applicants regarding attacked with any weapon and all the injuries are simple in nature, the said fact has been mentioned in para 10 to the affidavit filed in support of bail application. 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 03.02.2021. Criminal history of the applicant no. 1 has been duly explained in paragraph no. 13 of the affidavit accompanying the bail application and applicant no. 2 having no criminal history except present case.
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 applicants- Ashok @ Munna Tiwari and Ramesh Tiwari , be released on bail in Case Crime No. 18 of 2021, under Sections- 147, 148, 323, 324, 308, 452, 504, 506 IPC, Police Station- Baghauch Ghat, District- Deoria, on furnishing a personal bond and two sureties of Rs. Two Lacs each (One should be of a family member) before the 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 trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
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
Arti
1 issue framed by the court
Whether the applicants should be released on bail when accused in a trial court offense involving simple injuries and public provocation.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Ashok @ Munna Tiwari and Ramesh Tiwari
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
