Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16980 of 2021 Applicant :- Ashish Dubey Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Saxena,Akarsh Dwivedi Counsel for Opposite Party :- G.A.,Rajrshi Gupta
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, Ms. Rajrshi Gupta, learned counsel for the informant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that F.I.R. was lodged against five named persons and 4-5 unknown persons. The applicant was not named in the F.I.R. He was shown to be arrested alongwith recovery of country made pistol of 12 bore. It is next submitted that from the place of incident, recovery of cartridge of 7.65 Mm. was made, which cannot be used by 12 bore. It is also submitted that in the F.I.R. as well as statement of the witnesses recorded by the police, no specific role has been assigned to the applicant. It is also submitted that there is no injury report of any person on record. It is next submitted that co-accused Ankit Sharma alias Babni Chaudhary, who was named in the F.I.R., has been released on bail by this Court vide order dated 10.6.2021 passed in Criminal Misc. Bail Application No. 22288 of 2021, therefore, applicant is also entitled to be released on bail. Applicant is having criminal history of three other cases which are explained in counter affidavit filed by the State and rejoinder affidavit. has no criminal history and she is in jail since 04.02.2021, undertakes that she will not misuse the liberty, if granted.
Learned A.G.A. as well as learned counsel for the informant has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the constitution of India, without expressing any opinion on the merit of the case, let the applicant- Ashish Dubey, involved in Case Crime No. 78 of 2021, under Sections- 147, 148, 149, 307, 386 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Kotwali Auraiya, District Auraiya, be enlarged on bail on her executing 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 such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229- A of the Indian Penal Code;
5. In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.7.2021 Rmk.