Criminal Miscellaneous Bail Application filed by Iqram @ Baba and another against the State of U.P. The High Court of Judicature at Allahabad found it to be a case of bail but without expressing any opinion on the merits.
Applicants released on bail subject to personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40929 of 2021
Applicant :- Iqram @Baba And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anwar Hussain,Sunil Kumar Chaudhari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, learned AGA, appearing for the State and perused the material brought on record.
Learned counsel for the applicant submits that the applicants have been falsely implicated in the present case on account of enmity with village pradhan. There is no independent witness of the alleged incident. It is further submitted that nothing has been recovered from the possession of the applicants and a false recovery has been shown from the possession of the applicants, which is planted. Criminal history of the applicants has properly been explained in para 11 and 12 to the affidavit filed in support of bail application. The applicants are in jail since 02.09.2021.
Learned A.G.A. has vehemently opposed the prayer.
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.
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 applicants- Iqram @ Baba and Imran , be released on bail in Case Crime No. 50 of 2021, under Sections- 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station- Dilari, District- Moradabad, 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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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 :- 8.10.2021 Arti
Digitally signed by Justice Vivek Kumar Singh Date: 2021.10.08 17:42:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail is maintainable in the present case considering prima facie satisfaction of charge and reformative theory of punishment?
Whether the domestic violence and larger mandate of Article 21 of the Constitution of India warrant the grant of bail?
Whether the applicants are eligible for bail in case Crime No. 50 of 2021 under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act?
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Iqram @ Baba And Another
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
