Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32838 of 2021 Applicant :- Ankit And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Tripathi,Mandvi Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Ms. Mandvi Tripahi, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicants seeking bail in Case Crime No.304 of 2021, under Sections 147, 148, 323, 332, 353, 336, 393, 395, 412, 427, 504, 506, 34 I.P.C. & Section 7 Criminal Law Amendment Act, Police Station Nandgram, District Ghaziabad during the pendency of trial.
It is contended by learned counsel for the applicants that the applicant are innocent and have falsely been implicated in the present case due to some ulterior motive. It is further contended that the applicants have not participated in the crime in question. It is next contended that no specific role has been assigned to the applicants, only general allegation has been made against them, they have neither caused any injury to the police personnel nor damaged public property or have prevented the police to do their duty. It is also contended that the co- accused, Shibbu @ Shiva has already been enlarged on bail by a coordinate bench of this Court vide order dated 16.08.2021 in Criminal Misc. Bail Application No.31294 of 2021, the case of the applicants stands on identical footing to that of the co-accused, hence, they are also entitled to be enlarged on bail on the ground of parity. Lastly it is contended that the applicants are in jail since 11.05.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 applicants, Ankit and Pramod involved in aforesaid crime be released on bail on their 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 applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 22.9.2021 S.P.