Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35909 of 2021 Applicant :- Adil And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Rakesh Pande, learned Senior Advocate assisted by Sri Prakash Chandra Pandey, learned counsel for the applicants, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicants seeking bail in Case Crime No. 0524 of 2021, under Sections 341, 395, 506, 427 IPC, Police Station Akbarpur, District Kanpur Dehat, during pendency of trial.
It is contended by learned counsel for the applicants that the applicants are innocent and they have falsely been implicated in the present case. The first information was lodged against 150 unknown persons with the allegation that driver of the Wagon R vehicle hit the bus, as a result thereof, about 150 unknown persons stopped the said bus and looted some advocates, employees and other staffs. It is further alleged in the first information report that some of the advocates, employees and other staffs got injured due to said accident and somebody has looted the mobile phone, gold chain and some money from the bus conductor. Initially, the first information report was lodged under Section 341, 395, 506, 427 IPC and subsequently, Section 395 IPC was deleted from the case diary. It is next contended by learned counsel for the applicants that the applicants are not named in the first information report, their names were surfaced on the basis of confessional statement of the co-accused Bhanu Pratap, which as per learned Senior Advocate is inadmissible in view of Section 27 of the Evidence Act. The investigation in the matter has been completed and the charge-sheet has also been filed on 10.09.2021. It is lastly contended that the applicants have no criminal history. They are in jail since 24.07.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicants.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicants- Adil and Mohd. Sameer @ Sultan involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
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 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 :- 29.10.2021 Noman