Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33459 of 2021 Applicant :- Uma Shanker Opposite Party :- State of U.P.
Counsel for Applicant :- Rama Pati Tripathi Counsel for Opposite Party :- G.A.,Arunkumar Mishra
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by the learned counsel for the applicant today in the Court is taken on record.
Heard learned counsel for the applicant, Sri Arun Kumr Mishra, learned counsel for opposite party, learned AGA, appearing for the State and perused the material brought on record as well as the statement of the victim recorded under Section 164 Cr.P.C.
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 the applicant and the victim are major which is mentioned in paragraph-16 of the affidavit filed in support of the bail application. It is also stated in pragraph-16 that the victim solemnized the marriage with the applicant with her own free will. 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 7.7.2021. It has been pointed out that the applicant has no criminal history.
Learned counsel for the opposite party as well as 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- Uma Shankar, be released on bail in Case Crime No. 486 of 2021, under Sections- 363 and 366 IPC, Police Station- Kalyanpur, District- Kanpur Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
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 :- 27.9.2021/SKM