Single judge of Allahabad High Court disposed of a bail application filed by Visahram in a criminal case involving Sections 307, 324, and 504 IPC. The court granted bail upon execution of bond and sureties without expressing views on the merits of the case.
Release of applicant on bail on execution of personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22452 of 2021
Applicant :- Visahram Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.
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 and has no criminal antecedent. It is further submitted 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 23.2.2021. 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.
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- Visahram involved in Case Crime No. 87 of 2020, under Sections 324, 504, 307 IPC, Police Station Banda, District Banda 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 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 :- 20.7.2021 Digamber
Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.20 16:38:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail considering false implication and lack of criminal antecedent.
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
Visahram
Vivek Kumar Singh
As recorded by the court registry
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