Single judge allowed bail to Ashok Kumar in a cheating and forgery case, citing allegations of false implication and pandemic overcrowding without expressing views on the case merits.
Released on personal bond and two sureties with conditions to attend trial and not tamper with witnesses.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17139 of 2021
Applicant :- Ashok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Sunder Mishra,Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. He is innocent and has no criminal antecedent. It is further submitted that there is some civil dispute and no steps have been taken by the complainant for cancellation of sale deed; there are general allegations and a concocted and false story has been set up by the prosecution whereas the applicant did not commit any offence as alleged. 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 have 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. The applicant is languishing in jail since 17.2.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Courts have taken notice of 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 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.
Let the applicant- Ashok Kumar involved in Case Crime No. 110 of 2017, under Sections 419, 420, 467, 468 and 469 IPC, Police Station Khaga, District Fatehpur 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:
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. The trial court shall take endeavour to conclude the trial expeditiously, preferably within a period of six weeks from the date of production of a copy of this order.
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 :- 4.10.2021 Digamber
1 issue framed by the court
Whether the applicant should be released on bail considering the allegations of false implication and public health factors during the pandemic.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherRelied on¶9
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Ashok Kumar
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
