Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37852 of 2021 Applicant :- Abreel And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Rahul Mishra, learned counsel for the applicants, learned A.G.A. and perused the record.
By means of this application, the applicants involved in Case Crime No.19 of 2021, under Section 2/3 of U.P. Gangster and Anti Social activities (Prevention) Act, 1986, P.S. Khaga, District Fatehpur, are seeking enlargement on bail during pendency of trial.
It is argued by the learned counsel for the applicants that according to the gang chart the applicants are said to have been involved in one criminal case, in which they have already been enlarged on bail, copy of the same has been annexed as Annexure No.4 to the affidavit filed in support of the bail application. Learned counsel for the applicants further submitted that the applicants have falsely been implicated in the present case due to police rivalry. They are not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are languishing in jail since 04.02.2021 and in case they are enlarged on bail they will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 the applicants, Abreel and Allu involved in aforesaid crime 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.
1. The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 applicants 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 :- 20.9.2021 S.P.
Digitally signed by Justice Rajiv Joshi Date: 2021.09.20 16:28:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad