Heard learned counsel for the applicant as well as Mr. Ran Vijay Singh, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.0159 of 2020, under Sections 323, 304 I.P.C., Police Station Makhi, District Unnao, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case, he is having no criminal antecedent and is in jail since 28.08.2020. It is further submitted on behalf of the applicant that co-accused persons namely Maula @ Ramesh Lodh and Vishnu Lodh, having identical role, have already been granted bail by this Court, vide orders dated 30.06.2021 and 26.11.2020 passed in Bail Application Nos.4980 of 2021 and 9816 of 2020 respectively (photocopies of bail orders provided by learned counsel for the applicant are taken on record). In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused persons namely Maula @ Ramesh Lodh and Vishnu Lodh, having identical role, have already been granted bail by this Court.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Aashu @ Neeshu Lodh - be released on bail in the aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 25.8.2021 S. Shivhare