Single Judge of Allahabad High Court allowed bail to an applicant accused under Sections 307, 398 IPC, finding it a bail case without expressing views on merits, subject to standard conditions.
Released on bail with personal bond and two sureties on conditions to attend trial and not tamper with witnesses.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21756 of 2021
Applicant :- Bablu @ Mohd. Islam Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Shukla
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I 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. It is further submitted that the applicant is not named in first information report and the main role is assigned to Sahil. It is next contended that there are general allegations and a concocted and false story has been set up by the prosecution whereas the applicant has not committed 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 20.3.2021. 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.
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- Bablu alias Mohd. Islam involved in Case Crime No. 70 of 2021, under Sections 307, 398, 120B IPC, Police Station Bakhira, District Sant Kabir Nagar 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.
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 :- 11.6.2021 Digamber
Digitally signed by Justice Vivek Kumar Singh Date: 2021.06.11 16:11:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to an applicant accused of offences under Sections 307, 398 IPC who claims false implication and asserts cooperation with the law.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Bablu @ Mohd. Islam
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
