Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18169 of 2021 Applicant :- Ashish @ Monti Opposite Party :- State of U.P.
Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Rajiv Joshi,J.
List of fresh cases has been revised.
None has appeared on behalf of the informant, although name of Sri Sushil Kumar Pandey, Advocate is shown in the cause list.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
Heard Sanjeev Kumar Pandey, learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 102 of 2020, under Sections 147, 452, 308, 323, 504, 506 IPC, Police Station Shikera, District Muzaffar Nagar, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. It is further submitted that the dispute in question is in between real brothers and general allegation has been levelled against the named accused persons. The applicant was not named in the FIR and his name has been surfaced on basis of the statement of the injured witnesses namely Tulsiram and Jagveer. It is next contended that three persons received injuries which are simple in nature. It is next submitted that the co- accused Jaipal Singh and Harpal Sing, have already been granted bail by the co- ordinate Bench of this Court vide orders dated 8.10.2020 and 6.1.2021 passed in Criminal Misc. Bail Application No. 31078 of 2020 and 47255 of 2020 respectively. The applicant was on interim bail and surrendered himself i.e. on 21.9.2021 having no criminal history to his credit and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, 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. The application is allowed.
Let the applicant, Ashish @ Monti who is 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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 :- 24.9.2021 Akbar