Bail application for Chandrapal Kashyap granted. Court applied precedent regarding bail considerations amidst pandemic jail overcrowding without deciding merits of the underlying case.
Applicant released on bail on personal bond and two sureties, subject to attending trial, not tampering with witnesses, and avoiding illegal activities.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1313 of 2022
Applicant :- Chandrapal Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the parties through video conferencing 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 applicant is father-in-law of the deceased. He is 65 years old person. He has nothing to do with the present offence. He is not the beneficiary of the alleged additional demand of dowry. There is no specific allegation against the applicant. Co-accused Haripyari, who is mother-in-law, has already been granted bail by this Court in Crl. Misc. Bail Application No. 31758 of 2021 vide order dated 8.11.2021. 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 22.6.2021. Applicant has no previous criminal history.
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 applicant- Chandrapal Kashyap, be released on bail in Case Crime No. 129 of 2021, under Sections- 498A, 304B IPC and 3/4 D.P. Act, Police Station- Binawar, District- Budaun, 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 :- 3.2.2022 A.P. Pandey
3 issues framed by the court
Whether bail should be granted to the applicant given the allegations of false implication and the hearing via video conferencing.
Whether the overcrowding in jails during the pandemic is a relevant factor in considering bail applications.
What conditions should be imposed on the grant of bail to the applicant.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherApplied¶10
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Suo Motu Writ Petition (c) No. 1/2020Referred¶8
Chandrapal Kashyap
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
