The High Court of Allahabad granted bail to applicant Taseem in a criminal case involving Sections 147, 148, 149, 452, 307, 506 IPC. The court relied on Dataram Singh, emphasizing the larger mandate of Article 21, without expressing an opinion on the merits of the case.
Enlargement of applicant on bail via personal bond and two sureties.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5536 of 2021
Applicant :- Taseem Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey,Satish Trivedi (Senior Adv.),Sheshadri Trivedi Counsel for Opposite Party :- G.A.,Dharmendra Pratap Singh,Markanday Singh
Hon'ble Neeraj Tiwari,J.
Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Sheshadri Trivedi, learned counsel for the applicant, Sri Dharmendra Pratap Singh, learned counsel for the complainant, learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that informant as well as all injured persons in their statements has admitted this fact that they are aggressor of the incident. In fact, in the statement, informant stated that earlier informant Inam was beaten by other side. Thereafter, informant and alongwith his supporters went to residence of Zahid son of Munshi and abused the co-accused Kamil and others. Thereafter, applicant and co-accused assaulted by them by wood sticks and illegal weapons. The similar statements have also been given by all injured persons. It is further submitted that even otherwise, if the treating the statements of informant as well as injured persons is correct, it is only a case of self defence and nothing else. Applicant is having criminal history of certain cases, which are explained in the affidavit. He is languishing in jail since 26.10.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Sri Dharmendra Pratap Singh, learned counsel for the complainant as well as learned A.G.A. has opposed the prayer for bail, but could not dispute the statements of injured persons as well as complainants.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Taseem ,
involved in Case Crime No. 467 of 2020, under Sections- 147, 148, 149, 452, 307, 506 IPC, Police Station- Kairana, DistrictShamli, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.3.2021 Junaid
Digitally signed by Justice Neeraj Tiwari Date: 2021.03.17 17:42:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be enlarged on bail in the interest of larger mandate of Article 21 of the Constitution.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherRelied on¶8
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Taseem
Neeraj Tiwari
As recorded by the court registry
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Neeraj Tiwari
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