High Court of Allahabad granted bail to applicants Chhakki and Kamal Singh under Sections 147, 148, 323, 325, 308, 506 IPC relying on Dataram Singh dictum regarding Article 21.
Applicants enlarged on bail by executing personal bond and two sureties each.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13107 of 2021
Applicant :- Chhakki And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shikhar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicants that applicants have been falsely implicated in the present case. It is further submitted that it is cross case. Cross F.I.Rs have been lodged from both sides and both sides received injuries, therefore, it can not be said that who is aggressor of the said incident. It is next submitted that similarly situated co-accused Sukhveer abnd Vimal @ Chhotu and Gyanendra have been granted bail by this Court vide orders dated 19.1.2021 and 19.1.2021 passed in Criminal Misc. Bail Application Nos. 48926 of 2020 and 48772 of 2020 respectively, therefore, applicants are also entitled to be released on bail. Applicants have no criminal history and they are in jail since 02.02.2021, undertakes that they will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , larger mandate of Article 21 of the constitution of India, without expressing any opinion on the merit of the case, let the applicants- Chhakki and Kamal Singh , involved in Case Crime No. 59 of 2020, under Sections- 147, 148, 323, 325, 308, 506 I.P.C., Police Station- Ayana, District Auraiya, be enlarged on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 25.3.2021 Rmk.
1 issue framed by the court
Whether the applicants entitled to be enlarged on bail in a cross-case FIR where similar co-accused have already been granted bail.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P.Relied on¶8
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
10 provisions across 2 enactments
Chhakki
Kamal Singh
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
