Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21559 of 2021 Applicant :- Akash Pradhan Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 331 of 2020, under Sections 419, 420, 467, 468, 471, 201 I.P.C. and Section 66-C of I.T. Act, P.S. Kotwali, District Basti, during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that applicant is not named in the FIR. Recovery is false, planted and the currency said to have been recovered from the possession of the applicant have not been connected with the present matter. In fact, the applicant was implicated in this matter only on the basis of confessional statement of the accused himself which cannot be read in evidence. It is further argued that the co-accused- Bhupendra Kumar Chaudhary @ Guddu ChaudharyJitendra Kumar Chauhan @ Jeetu had already been granted bail by the co-ordinate Bench of this Court vide orders dated 11.5.2021 and 11.5.2021 passed in Criminal Misc. Bail Application No. 8367 of 2021 and 8600 of 2021 respectively. The case of the applicant is on better footing than the co-accused, therefore, applicant is entitled for bail on the ground of parity. The applicant is in jail since 28.12.2020 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Akash Pradhan who is involved in the aforesaid case crime number 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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 :- 16.8.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.08.17 10:10:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad