Allowed

Boby and 2 Others v. State of U.P.

Allahabad HC18 Jun 2021BAIL/18027/2021

Case brief

AI extract

What is this about?

The High Court granted bail to three applicants accused of rioting, attempt to murder, and extortion who had been in custody since January 2021, applying principles of reformative punishment and Article 21 while clarifying the order has no bearing on the case merits.

What did the court decide?

Applicants released on bail with personal bond and two sureties each, subject to standard conditions for bail.

Boby and 2 Others Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18027 of 2021

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Applicant :- Boby And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sudhakar Shukla, learned counsel for the applicants, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.

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It is contended that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. The applicants are not named in the First Information Report. There is no reliable impartial witness of the alleged offence. It is next contended that applicants case is at par with co-accused persons who have been granted bail by this Court (their bail orders have been annexed as Annexure-4 to the affidavit filed in support of instant bail application), the case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The criminal history of the applicants have been properly explained in paragraph 13 and 14 of the affidavit filed in support of instant bail application. The applicants are in jail since 01.01.2021.

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Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused persons have been granted bail.

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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.

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Let applicants- Boby, Sunil Yadav and Shivam Yadav, be released on bail in Case Crime No. 915 of 2020, under Sections- 147, 148, 395, 307, 332, 353, 34 IPC and 7 Criminal Law Amendment Act, Police Station- Tajganj, District- Agra, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They 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

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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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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 :- 18.6.2021

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ssm

Boby and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Boby and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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