The High Court of U.P. allowed bail for applicants Heera Lal and Suraj, who were accused under Section 364 IPC, observing that they had made out a case for bail based on the facts and the dictum of Dataram Singh.
Applicants Heera Lal and Suraj released on bail furnishing a personal bond and two heavy sureties each subject to conditions.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42045 of 2022
Applicant :- Heera Lal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Prem Prakash Yadav,Anil Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Alleged offences are not made out against the applicants. Applicants have been languishing in jail since 11.7.2022 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
It has been submitted that Bail Application No.42735 of 2019, which was ordered to be listed along with the record of the present bail application, was an anticipatory bail, which has been decided on 17.10.2019 and is no more in existence.
From the perusal of the record, it appears that identically placed accused Gyan Singh has been granted bail by the Session Judge, Allahabad vide order dated 15.11.2019. It has been submitted that the ground of parity was not pleaded before the Incharge Session Judge / A.S.J., Court No.1, Allahabad while arguing the bail application of the present accused Heera Lal and Suraj. The ground for parity is made out from the perusal of the order of the Session Judge, Allahabad dated 15.11.2019. Although that order was passed by the Session Judge, Allahabad, however, keeping in view the facts and circumstances of the case, I find it a fit case for bail.
Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants
have made out a case for bail. The bail application is allowed.
Let applicants Heera Lal and Suraj involved in Case Crime No.235 of 2019 under Section 364 IPC, Police Station Cantt., District - Prayagraj be released on bail on furnishing a personal bond and two heavy 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Submission and observation recorded in the matter are only for the purpose of deciding the bail application. Trial court shall not be influenced in any way with the said observation / submission while deciding the trial.
Order Date :- 21.10.2022 ss
Digitally signed by SANDEEP SHARMA Date: 2022.10.21 17:16:15 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants have made out a case for bail under the facts and circumstances of the present matter.
Whether there is grounds for granting bail considering the alleged offence of kidnapping and the dictum of the Apex Court.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶11
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Bail Application No.42735 of 2019Referred¶9
Session Judge, Allahabad vide order dated 15.11.2019Referred¶10
Heera Lal
Suraj
Nalin Kumar Srivastava
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
