Allowed

Gaurav Singh Parmar v. State of U.P.

Allahabad HC2 Sept 2021BAIL/16331/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the Allahabad High Court granted bail to the applicant challenging charges under Section 401 IPC. The court observed it is a bail case without expressing views on merits and fixed conditions for release.

What did the court decide?

The applicant is released on bail upon executing a personal bond and two sureties with specific conditions.

Gaurav Singh Parmar 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. - 16331 of 2021

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Applicant :- Gaurav Singh Parmar Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhan Singh Chandel Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Chandra Bhan Singh Chandel, learned counsel for the applicant, learned AGA for the State and perused the record.

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This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 758 of 2020, under Section 401 IPC, Police Station Kotwali, District Allahabad, during pendency of trial.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated along with Case Crime No. 759 of 2020, under Sections 411, 419, 420, 467, 468, 471 IPC, in which he has been granted bail by the court below. It is next contended that maximum punishment for the offence under Section 401 IPC is seven years and is triable by Magistrate. It is lastly contended that the applicant has criminal history of six cases, which has ben explained in paragraph 2 of the supplementary affidavit and in all the cases, he has been enlarged on bail. He is in jail since 7.10.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.

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Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.

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Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Gaurav Singh Parmar involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:

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The applicant will attend and co-operate the trial proceedings pending before

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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 :- 2.9.2021

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Noman

Gaurav Singh Parmar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gaurav Singh Parmar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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