Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45918 of 2020 Applicant :- Ankit Yadav @ Chhotu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Sanjay Singh, learned AGA-I for the State and perused the record.
The submission of learned counsel for the applicants is that the applicants are innocent and have been dragged into the present case, whereas they have not committed any offence as alleged and even no specific role has been assigned by the informant with regard to inflicting of injuries to any of the accused persons in the present case, the said fact has been mentioned in para 4 to the affidavit filed in support of bail application. The applicants have no other reported criminal history. 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. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. The applicants are languishing in jail since 25.07.2020. They undertakes that they will not misuse the liberty, if granted, therefore, they may be released on bail.
Learned AGA vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, 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 applicants- Ankit Yadav @ Chhotu and Harsh Yadav @ Nikki involved in Case Crime No. 664 of 2020, under Sections 307, 323, 504, 506 IPC, Police Station Chakeri, District Kanpur Nagar be released on bail, on their executing a personal bond and two heavy sureties (One should be of a family member) each in the like amount to the satisfaction of the court concerned, with the following conditions:
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 applicants 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 trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a computer generated copy of this order, if there is no legal impediment.
The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Arti