Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16397 of 2021 Applicant :- Ajeet @ Mohan Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Learned counsel for the applicant has filed supplementary affidavit, which is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.1008 of 2020, under Sections 498-A, 420, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Kotwali Auraiya, District Auraiya during the pendency of trial.
Learned counsel for the applicant has submitted that applicant is innocent and he has falsely been implicated in the present case. FIR of this case has been lodged by wife of the applicant i.e. complainant Ankita Dixit on 21.12.2020 at 14:26 hours; in this case along with his father, mother and two sisters were also implicated. 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 have also been touched upon at length. Applicant is in jail since 11.01.2021 and there is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ajeet @ Mohan be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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.
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.7.2021 P.S.Parihar