The Court granted bail to the applicant in a case involving cheating and medical offenses, citing false implication and the reformative theory of punishment under Article 21. Bail conditions included a bond and surety requirements.
The applicant was released on bail upon furnishing a personal bond and two sureties in the amount of one lakh each.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16040 of 2021
Applicant :- Sohil @ Islam Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Singh Bohra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, 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 the applicant is a Driver and has no concern with the alleged incident. It is further submitted that no incriminating article has been recovered from the possession of 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 24.2.2021. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. has 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- Sohil @ Islam , be released on bail in Case Crime No.0029 of 2021, under Sections- 420/120-B IPC, Sections 3/4/5/23 of Pre-Natal Diagnostic Techniques (Regulations and Prevention of Misuse) Act, 1994 and Section 15(2) of the Indian Medical Council Act, 1956, Police Station- Ahar, DistrictBUlandshahar, on furnishing a personal bond and two sureties (of Rs. one lakh) each (one should be of a family member) 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 :- 15.6.2021 Dev/-
1 issue framed by the court
Whether the applicant is entitled to bail on the grounds of false implication and lack of criminal history.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
3 provisions across 3 enactments
Sohil @ Islam
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
