Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29507 of 2021 Applicant :- Ajay Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Devottam Pandey,Sandeep Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Learned counsel for the applicant states that inadvertently another bail application no. 27487 of 2021, was filed on behalf of Munna Paswan, and in the present bail application, the applicant no. 2 is Munna Paswan. Learned counsel for the applicant submits that he does not want to press this bail application on behalf of applicant no. 2, and the same may be dismissed as not pressed.
Prayer is accepted Accordingly, the present bail application is dismissed as not pressed on behalf of applicant no. 2.
Heard Sri Sandeep Pandey, learned counsel for the applicant and Sri Mahendra Bahadur Singh, learned counsel for informant and learned AGA for the State.
This bail application has been filed on behalf of the applicant in Case Crime No.276 of 2020, under Sections 147, 148, 149, 323, 352, 307, 308, 325, 504, 506 and 336 IPC P.S. Rewti district Ballia, during pendency of trial.
It is contended by the learned counsel for the applicant that the mob consisting about more than 20 persons had attacked the informant and his family members armed with lathi, danda, hockey, iron-rod and country-made pistols and about 9 persons were reported to be injured in the matter. The injury report shows that the injury sustained to the injured were caused by hard and blunt object but not on the vital parts of the body of any injured persons. It is further contended that from the first information report, it is not clear that who is the author of the injuries sustained by the injured. Lastly, it is contented that co-accused Amit Yadav, Abhishek Yadav alias Gulshan, Dharmendra Yadav, Ram Babu and Alok alias chunmun, who have assigned similar roles, have already been granted bail by this Court vide order dated 18.06.2021 passed in Criminal Misc. Bail Application No. 16237 of 2021, therefore, the applicant is entitled for bail on the ground of parity. The applicant has no previous criminal history. The applicant is languishing in jail since 16.5.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA and learned counsel for the informant have opposed the prayer for bail with the contention that from the side of the informant there are nine injured persons. However, they could not dispute the submission made by counsel for the applicant. It is also contended that the role of firing has been assigned to co-
accused Krishna Yadav. Though it is next contended that the case of the applicant is distinguishable from that of co-accused- Krishna Yadav, against whom there is sufficient evidence.
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 applicant, Ajay Yadav, who is 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 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 :- 19.8.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.08.19 16:17:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad