Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15115 of 2021 Applicant :- Arjun Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.366 of 2020, under Sections 392, 411 I.P.C., Police Station Babugarh, District Hapur during the pendency of trial.
It is argued by the learned counsel for the applicant that applicant is innocent and he has falsely been implicated in the present case due to ulterior motive. There is no recovery from the possession of the applicant. It is also argued that place of alleged occurrence is densely populated, however, no independent public witness. The possibility of false implication of the applicant cannot be ruled out.
The main substratum of argument of learned counsel for the applicant is that co-accused Vipin and Shivam have been granted bail by co-ordinate Bench of this Court vide orders dated 17.06.2021 and 25.06.2021 passed in Criminal Misc. Bail Application No.13627 of 2021 and Criminal Misc. Bail Application No.8739 of 2021. The case of present applicant stands on similar footing to that of co-accused Vipin and Shivam, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 12.10.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that applicant has criminal history of five cases.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Arjun be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the 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 clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.7.2021 P.S.Parihar