Heard learned counsel for the applicant, Sri Alok Saran, learned AGA for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant further submits that applicant's case is at par with co-accused Satyendra Singh alias Satendra Singh who has been admitted to bail by this Court vide order dated 22.10.2020 passed in Crl. Misc. Bail Application No. 7689 of 2020. He claims parity and states that the applicant is also entitled for bail. The criminal antecedent has been explained in paragraph-9 of the affidavit, wherein the applicant has been enlarged on bail vide order dated 5.4.2019 passed in Bail No. 336 of 2019. The applicant is languishing in jail since 20.3.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer but could not dispute the factual aspect of the matter.
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 applicant- Amit Kumar Dubey alias Arun Kumar involved in Case Crime No. 26 of 2020, under Sections 395, 412, 120B, 34 IPC, Police Station Kamrauli, District Amethi 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 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 bail application is accordingly allowed.
Order Date :- 12.1.2021 Digamber