Allowed

Bobby v. State of U.P.

Allahabad HC1 Aug 2022BAIL/32467/2022

Case brief

AI extract

What is this about?

Hon'ble Siddharth, J. allowed the bail application filed by Bobby in Case Crime No. 322 of 2022 for illegal sex determination. The court held that the applicant has made out a case for bail citing Article 21 and relevant Apex Court precedents, granting release on a personal bond and two sureties subject to standard bail conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties in the like amount, subject to verification and specific conditions.

Bobby Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32467 of 2022

¶3

Applicant :- Bobby Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Sinha,Samarth Sinha Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant and learned A.G.A.

¶6

The instant bail application has been filed on behalf of the applicant, Bobby, with a prayer to release him on bail in Case Crime No. 322 of 2022, under Sections 3B,4,5.6.18,23,25,27,29 Pre-natal Diagnostic Techniques(Regulation and Prevention of Misuse), Act,1994 and Section 420,34 IPC Police Station Dhaulana, District- Hapur, during pendency of trial.

¶7

The allegation against the applicant is that he was involved in illegal sex determination of fetus alongwith other co-accused person. Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case.The decoy has not named him. He has been named by the co-accused.He was not arrested from the spot.All the offences are triable by the Magistrate.The applicant is in jail since 29.6.2022 and has no criminal history.

¶8

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

¶9

Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, 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 recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10

Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶11

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer;

¶15

The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

¶16

The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶17

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

Order Date :- 1.8.2022 Atul kr. sri.

¶19

Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.02 12:44:25 IST Reason: Location: High Court of Judicature at Allahabad

Bobby v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bobby v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sharik Vs State of U.P.

Vikas Nishad @ Gore Vs State of U.P. and 3 Others

Rajesh @ Pappu Vs State of U.P.

Intzar Vs State of U.P.

Rahish Vs State of Up.

Naeem @ Nanhae @ Danna Vs State of U.P.