Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35962 of 2021 Applicant :- Arun Kumar Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Vineet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vineet Kumar Singh, learned counsel for the applicant, Sri Abhinav Singh, learned Brief Holder, appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the First Information Report. It is next contended that co-accused persons namely Dharmendra Nishad, Vivek Kumar and Manish Modanwal, have been granted bail by a co-ordinate Bench of this Court vide orders dated 19.8.2021 passed in Crl. Misc. Bail Application No. 15105, 15271 and 17299 of 2021, respectively (copies of the said order has been annexed as Annexure -SA-2 to the Supplementary Affidavit filed in this case), 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 no criminal history. The applicant is in jail since 12.01.2021.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused persons have been granted bail.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, Motu Writ Petition (c) No. 1/2020 , Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard the submissions of learned counsel of both sides, enlargement of co-accused on bail, 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 applicant- Arun Kumar Gupta, be released on bail in Case Crime No. 12 of 2021, under Sections- 419, 420, 411 IPC, and Section 66 of the Information Technology Act, 2000, Police Station- Paniyara, District- Mahrajganj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
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.
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 :- 27.10.2021 ssm