Holding that the prima facie satisfaction of the Court in support of the charge and the dictum of the Apex Court in Dataram Singh indicate that it is a case of bail, the Court granted bail to the applicant subject to conditions of personal bond and sureties.
Released on bail upon furnishing a personal bond and two sureties each in a like amount.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20515 of 2021
Applicant :- Aakash Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Vakalatnama filed by Sri Om Narayan Pandey, learned counsel for the first informant and supplementary affidavit filed on behalf of applicant both are taken on record.
Heard learned counsel for the applicant, learned counsel for opposite party, learned AGA, 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 has not committed any offence as stated by prosecution. 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 22.02.201. Criminal history of the applicant has been duly explained in paragraph no. 11 of the affidavit accompanying the bail application.
Learned counsel for the opposite party as well as learned A.G.A. has vehemently opposed the prayer.
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.
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- Aakash Kumar , be released on bail in Case Crime No. 75 of 2021, under Sections- 452, 354 IPC, Police Station- Roza, DistrictShahjahanpur, on furnishing a personal bond and two sureties each 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 :- 5.10.2021 Arti
2 issues framed by the court
Whether bail shall be granted to the applicant pending trial of offences under Sections 452 and 354 IPC considering the nature of accusation and circumstances of overcrowding due to the pandemic.
To be determined in court proceeding. This paragraph is not sufficient to make a fully accurate issue statement within the limit of 200 characters.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherDistinguished¶10
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Aakash Kumar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
