This judgment grants bail to Vikram Singh in a criminal case involving sections of the IPC, considering allegations of false implication and the applicant's lack of prior criminal record.
Release on bail upon furnishing a personal bond and two sureties of Rs. two lakhs each, with conditions to attend trial and not tamper with witnesses.
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Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6024 of 2021 Applicant :- Vikram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Govil Counsel for Opposite Party :- G.A.,Kamal Kishor Mishra
Hon'ble Vivek Kumar Singh,J.
Heard Sri Pankaj Kumar Govil learned counsel for the applicant, Kamal Kishor Mishra, learned counsel for the complainant and learned counsel for the informant and learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that main allegation is against one Harendra who is son of applicant. 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 has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 07.02.2020. It has been pointed out that the applicant has no criminal history.
Learned counsel for the informant and learned A.G.A. have 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 applicant- Vikram Singh, be released on bail in Case Crime No. 717 of 2018, under Sections- 420, 406, 467, 468, 471, 120B IPC, Police Station- Govind Nagar, DistrictMathura, on furnishing a personal bond and two sureties (of Rs. two lakhs) each (one should be of a family member) 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 trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
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 :- 26.7.2021////////Ujjawal
3 issues framed by the court
Whether bail should be granted to the applicant-felon considering false implication allegations and lack of criminal history.
Whether the severity of the accusation and nature of evidence preclude bail under Article 21 of the Constitution.
Whether the trial court should be directed to expedite the trial proceedings.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶7
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Vikram Singh
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
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