The court granted bail to the applicant in a criminal case alleging false implication. The application was based on minor evidentiary grounds and the applicant's lack of criminal history. The court released the applicant subject to conditions and standard bail rules.
Release on bail by furnishing a personal bond and two sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32143 of 2021
Applicant :- Mustafa Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Vajpeyi,Ashwini Kumar Awasthi,Manish Tiwary(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anurag Vajpeyi and Ashwini Kumar Awasthi, learned counsel for the applicant and learned AGA -I, appearing for the State and perused the material brought on record.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It has further submitted that during the course of investigation name of the applicant came into light in the confessional statement of co-accused Karam Allahi and that is the sole piece of evidence that has been collected against the applicant in the present case and no other substantial piece of evidence was bought to light. 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 25.02.2021. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
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 Mustafa, be released on bail in Case Crime No.
129 of 2021, under Sections 420/467/468/120-B IPC and section 4/20/21/25 of Indian Telegraph Act, Police Station Phase-3 Noida, District Gautam Budh Nagar, 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 29.9.2021 Vikram
2 issues framed by the court
Whether bail should be granted to the applicant who alleges false implication and claims no criminal history.
Whether the applicant is eligible for release on bail upon furnishing a personal bond and two sureties.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 2 SCC 22 · Who else cites this
Mustafa
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
