Allowed

Damanjeet Singh @ Tushar v. State of U.P.

Allahabad HC22 Oct 2021BAIL/32291/2021

Case brief

AI extract

What is this about?

In a bail application under Sections 302, 504, 506, and 120B IPC, the court granted bail to the applicant without deciding on the merits of the case, relying on the reformative theory of punishment and a Supreme Court precedent.

What did the court decide?

The applicant is released on bail on executing a personal bond and two sureties with conditions to attend trial and not tamper with witnesses.

Damanjeet Singh @ Tushar Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32291 of 2021

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Applicant :- Damanjeet Singh @ Tushar Opposite Party :- State of U.P. Counsel for Applicant :- Sujeet Kumar,Chhaya Gupta,Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.,Krishna Mohan Asthana,Sunil Kumar

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Hon'ble Rajiv Joshi,J.

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Heard Sri Vinod Kumar Tirpathi, learned counsel for the applicant, learned AGA for the State and perused the record.

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This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 0193 of 2021, under Sections 302, 504, 506 and 120B IPC, Police Station Noorpur, District Bijnor, during pendency of trial.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, which was lodged against 5 named persons and 2 unknown persons including the applicant with the allegation that all the accused persons have assaulted the deceased with the help of lathis, dandas and iron rod, as a result thereof, the husband of the informant was died. In the postmortem report, the cause of death shown to be ante-mortem injuries sustained on the left side of the skull and above the left ear. It is next contended by learned counsel for the applicant that in an application filed by the informant before the investigating officer on 3.5.2021, the role of assault on the head of the deceased was assigned to co-accused Gunwant Singh and general role has been assigned to rest of the accused persons including the applicant. It is lastly contended that the applicant has no other criminal history. He is in jail since 04.06.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.

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Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.

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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.

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Let the applicant- Damanjeet Singh @ Tushar involved in the aforesaid crime

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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:

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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 :- 22.10.2021 Noman

Damanjeet Singh @ Tushar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Damanjeet Singh @ Tushar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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