Allowed

Asha v. State of U.P.

Allahabad HC6 Oct 2021BAIL/18477/2021

Case brief

AI extract

What is this about?

The Hon'ble Court granted bail to the applicant, Asha, in a second bail application under IPC sections. The court considered arguments regarding false implication, age, and jail overcrowding, finding it a fit case for bail without deciding the merits of the charge.

What did the court decide?

The applicant, Asha, was released on bail by furnishing a personal bond and two sureties, cooperating with the trial, and not tampering with witnesses.

Asha Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18477 of 2021

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Applicant :- Asha Opposite Party :- State of U.P. Counsel for Applicant :- Rishi Kant Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Rishi Kant Rai, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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This is the second bail application moved on behalf of the applicant. The first bail application moved on behalf of the applicant was rejected by another Bench of this Court vide order 3.5.2016.

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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 old and aged about 70 years and is suffering from old age ailments. It is further submitted that till date the statement of the victim has not been recorded. It is further submitted that the applicant has not committed the crime in question. 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 3.6.2015. It has been pointed out that the applicant has no criminal history.

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Learned A.G.A. has vehemently opposed the prayer.

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Courts have taken notice of the 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.

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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 applicant- Asha , be released on bail in Sessions Trial No.30/2016 (State Vs. Asha) in Case Crime No.990 of 2015, under Sections- 323, 504, 506, 352, 307 I.P.C., Police Station- Kotwali

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Padrauna, District- Kushinagar, on 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 applicant will attend and co-operate the trial proceedings pending before 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 :- 6.10.2021 Dev/-

Asha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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