This judgment grants bail to the applicant in a criminal appeal case under Sections 147, 148, 149, 188, 304, 323, 325 IPC. The court relied on constitutional mandates and a Supreme Court precedent to order release on personal bond with conditions.
Release of the applicant on bail subject to a personal bond and two sureties upon restoration of normal court functioning.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9987 of 2021
Applicant :- Mukhtar Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Upadhyaya Counsel for Opposite Party :- G.A.,Mohammad Alam
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant Mukhtar with a prayer to release him on bail in Case Crime No. 91 of 2020, under Sections 147, 148, 149, 188, 304, 323, 325 IPC, Police Station- Badlapur, District- jaunpur, during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Further argued that in the present case both the parties are of the same family and have committed the maarpit with each other. Next argued that the applicants are six brothers and they had distributed their ancestral property about twenty years back It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 23.12.2020 having no criminal history. Next argued the coaccused Akhtar @ Kabvar @ Kabbar has been released on bail by another bench of this Court on 25.1.2021 in Crl. Misc. Bail Application No. 2501 of 2021.
Learned AGA for the State has opposed the prayer for bail but could not dispute the fact that co-accused has been released on bail.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved
in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 18.3.2021
RPD
1 issue framed by the court
Whether the applicant's bail should be granted despite the State's opposition.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
Mukhtar
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Gautam Chowdhary
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