Allowed

Prakash v. State of U.P.

Allahabad HC8 Oct 2021BAIL/27101/2021

Case brief

AI extract

What is this about?

The High Court, All India High Court, permitted bail to the applicant Prakash who was facing charges of assault and attempt to outrage modesty under various IPC sections. The court found prima facie satisfaction as a case of bail citing applicable legal precedents and allowed release on a personal bond and two sureties subject to standard conditions.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties in like amount.

Prakash 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. - 27101 of 2021

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Applicant :- Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Sohit Prakash Sharma,Saurabh Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed on behalf of applicant, is taken on record.

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Heard learned counsel for the applicant, learned AGA, appearing for the State and perused the material brought on record.

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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 only general role has been assigned to the applicant and other co-accused person no any specific role was assigned to the applicant. It is further contended that the co-accused Jagdish and Shankar having similar role have been granted bail by this Court vide order dated 24.05.2021 in Criminal Misc. Anticipatory Bail Application No. 7586 of 2021, a copy of said order has been annexed as Annexure No. 4 to the affidavit filed in support of bail application. 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 16.01.2021. 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- Prakash , be released on bail in Case Crime No. 119 of 2021, under Sections- 323, 504, 308, 325 IPC, Police Station- Khair, District- Aligarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject

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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 :- 8.10.2021 Arti

Prakash v. State of U.P.

Case brief

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Prakash v. State of U.P.

Case brief

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