Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA, appearing for the State and perused the material brought on record.
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 co-accused namely Suraj Dubey @ Vishal Dubey and Akash Dubey have already been granted bail by another Bench of this Court vide orders dated 20.1.2021 and 20.1.2021 passed in Criminal Misc. Bail Application Nos.2083 of 2021 and 1994 of 2021, a copy of said orders has been produced by learned counsel for the applicant which is taken on record and the case of the applicant stands on identical footings. 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 8.5.2020. It has been pointed out that the applicant has criminal history, which has been explained in paragraph no.30 of the affidavit accompanying this bail application.
Learned A.G.A. has vehemently opposed the prayer.
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- Ajay Shankar Mishra @ Dalai, be released on bail in Case Crime No.225 of 2020, under Sections- 147, 148, 149, 307, 504, 506 I.P.C., Police Station- Saray Inayat, District- Allahabad, on furnishing a personal bond and two heavy sureties each (one should be of a family member) 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 29.1.2021 Dev/-