Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29954 of 2021 Applicant :- Ashok Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Shashank Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Rejoinder Affidavit filed today is taken on record.
Heard Sri Shashank Tripathi, 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 seeking bail in Case Crime No.394 of 2021, under Sections 420, 489A, 489B, 489C I.P.C., Police Station Naubasta, District Kanpur Nagar during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R., 200 notes of Rs.500, a mobile phone phone, Aadhar Card and Rs.620/- have been recovered from the possession of the applicant and all the notes of Rs.500/- were found fake. It is further contended by learned Counsel for the applicant that the recovery of fake notes shown from the possession of the applicant is false although the mobile phone, Aadhar Card and Rs.620/- belongs to the applicant. It is next contended that the police arrested the applicant on 24.05.2021 and shown his arrest on 25.05.2021. It is next contended that the entire recovery is forged and fabricated for which there is no independent witness. It is next contended that the police personnel called the brother of the applicant and demanded illegal gratification to release the applicant but when the applicant did not fulfill the demand, the police booked him in the present case, the call recording in this regard is available with the deponent. It is also contended that the investigation has already been completed and the charge sheet has been filed on 14.08.2021, the Court of Session took the cognizance in the matter. Lastly it is contended that the applicant is in jail since 26.05.2021 having no criminal history as stated in paragraph no.15 of the affidavit filed in support of the bail application and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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.
Let the applicant, Ashok Singh 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 :- 6.10.2021 S.P.