Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12873 of 2021 Applicant :- Arif Opposite Party :- State of U.P.
Counsel for Applicant :- Shamsher Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and gone through the record.
This bail application has been moved on behalf of accused-applicant-Arif, who is involved in Case Crime No.795 of 2020 under Sections 302, 201 and 34 I.P.C., Police Station-Kotwali City Bijnor, District-Bijnor.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; there is no direct evidence against him, the case of prosecution against the applicant is based only on circumstantial evidence; there is only extra judicial confession before two witnesses and recovery of blood stained stone used in this incident. There is no public witness of said recovery. It is pointed out that similarly placed co-accused,Azaz has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No.5763 of 2021 vide order dated 01.02.2021. The applicant is in jail since 29.11.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A. appearing for the State has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 8.4.2021 MN/-