Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41925 of 2021 Applicant :- Arvind Opposite Party :- State Of U.P And Another Counsel for Applicant :- Shiv Babu Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Arvind in connection with Case Crime No.0456 of 2021, under Sections 363, 366, 376-D I.P.C. and 5/6 POCSO Act, Police Station Kotwali Lalitpur, district Lalitpur.
The first information report of this incident was lodged by the complainant victim herself against three named accused persons including applicant. It was alleged in the first information report that on 24.05.2021 the named accused persons has enticed away the complainant on their motor-cycle.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused Kallu Thakur @ Kalyan and Sonu have been admitted to the concession of bail by another Bench of this Court by orders dated 08.12.2021 and 15.12.2021 passed in Criminal Misc. Bail Application Nos.39698 of 2021 (Kallu Thakur @ Kalyan) and 36377 of 2021 (Sonu), photocopies whereof supplied by learned counsel for the applicant has been perused by the Court, are taken on record and the role assigned to the applicant is similar to the role of the other co-accused, who have already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 27.05.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also fact that aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Arvind involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 20.12.2021 R./