High Court granted bail to Kanhai Singh charged under multiple IPC sections for cheating and forgery. Order relied on parity with a co-accused and pandemic jail conditions, directing release on bond with standard conditions.
Applicant to be released on bail with personal bond and two sureties in the like amount, subject to standard conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32977 of 2021
Applicant :- Kanhai Singh Opposite Party :- State of U.P. Counsel for Applicant :- Tufail Hasan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Tufail Hasan, learned counsel for the applicant, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is inordinate delay in lodging of the First Information Report without any plausible explanation. It is next contended that applicant's case is at par with co-accused namely Om Prakash, who has been granted bail by this Court vide order dated 23.09.2021, passed in Crl. Misc. Bail Application No. 32972 of 2021, (copy of the said order has been produced before the Court which is taken on record), the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 21.06.2021.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused person has been granted bail.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, 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.
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- Kanhai Singh, be released on bail in Case Crime No. 297 of 2018, under Sections- 419, 420, 467, 468, 471, 506 IPC, Police StationSouth, District- Firozabad, 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 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 :- 29.9.2021 ssm
2 issues framed by the court
Whether bail should be granted to the applicant on grounds of parity with a co-accused and pandemic-related jail overcrowding.
Whether the arguments about inordinate delay in FIR and lack of criminal history entitle the applicant to bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 2 SCC 22 · Who else cites this
Contagion of Covid 19 Virus in prisonsReferred¶8
Sue, Motu Writ Petition (c) No. 1/2020
Crl. Misc. Bail Application No. 32972 of 2021Referred¶6
1 provisions across 1 enactments
Kanhai Singh
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
