Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13485 of 2021 Applicant :- Amrita Opposite Party :- State of U.P.
Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Tej Om Prakash Gupta, learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 65 of 2018, under Sections 302, 201, 120B IPC, Police Station- Basai Mohammadpur, District Firozabad. during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is further contended that the deceased was missing since 12.4.2018, but the FIR was lodged after two months of incident on 14.6.2018, against the applicant and five other co-accused persons. Subsequently, the dead-body of one Sanjay, was found in the shape of skeleton on 13.6.2020. It is also submitted that there is no directed evidence against the applicant in order to connect him with the present case and his name was appeared in the FIR on the basis of suspicion. It is next contended that the co-accused Sarita was having love-affair with the deceased Sanjay, who might have been killed by some other persons. It is lastly contended that co-accused Jagdish, Rahul and Hakim Singh, have been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 32941 of 2020, 1969 of 202142685 of 2020, vide orders dated 20.10.2020, 19.1.2021 and 2.12.2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has criminal history of three cases, which has been explained in paragraph no. 2 to the supplementary affidavit. The applicant is in jail since 5.6.2020 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 AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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, Amrita, 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 :- 25.10.2021 Sweety