Allowed

Bablu Kumar Jaiswal v. State of U.P.

Allahabad HC2 Sept 2021BAIL/3375/2021

Case brief

AI extract

What is this about?

The Single Judge of the Allahabad High Court allowed the bail application of Bablu Kumar Jaiswal, citing prima facie satisfaction of the charge and considering the reformative theory of punishment alongside the mandate of Article 21 and jail overcrowding during the pandemic.

What did the court decide?

Release on bail by furnishing a personal bond and two heavy sureties each of Rupees Three Lakhs.

Bablu Kumar Jaiswal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3375 of 2021

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Applicant :- Bablu Kumar Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey,Punit Kumar Upadhyay Counsel for Opposite Party :- G.A.,Krishna Mani

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit and Rejoinder affidavit filed today is taken on record.

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Heard learned counsel for the applicant Sri Rakesh Dubey, learned counsel for the applicant, Sri Krishna Msani, learned counsel for the complainant, Sri Sanjay Singh, learned AGA- I, for the State and perused the material brought on record.

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It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next submitted that applicant has not committed any offence as alleged. There is no independent, impartial reliable evidence of the alleged incident. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further contended that no specific role has been assigned to the applicant. It is next contended that co-accused namely Smt. Reena Patel has been granted bail by a coordinate Bench of this Court vide order dated 29.5.2019 in Crl. Misc. Bail Application No. 13789 of 2019. 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 is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 22.01.2019, and undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. and learned counsel for the complainant have vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.

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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.

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Considering the facts and circumstances of the case, 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- Bablu Kumar Jaiswal, be released on bail in Case No. 276 of 2019, arising out of Crime No. 123 of 2018, under Sections - 420, 506, 467, 468, 471 IPC, Police Station- Jigna, District- Mirzapur, on furnishing a personal bond and two heavy sureties each of Rupees Three Lakhs before the the court concerned subject 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 court concerned and in case of breach of any of the conditions mentioned above, court concerned will 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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The trial court concerned is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six month from the date of this order, if there is no legal impediment.

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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 :- 2.9.2021 ssm

Bablu Kumar Jaiswal v. State of U.P.

Case brief

What is this about?

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Bablu Kumar Jaiswal v. State of U.P.

Case brief

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