Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28209 of 2021 Applicant :- Ashok Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Jitendra 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 seeking bail in Case Crime No.145 of 2021, under Sections 395 & 412 I.P.C., Police Station Teelamodh, District Ghaziabad 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., in the night of 06.04.2021 electric wire was stolen by some thieves. It is also alleged that on 13.04.2021 the applicant and six co-accused persons were arrested along with the stolen electric wire and recovery of Rs.8,50,000/- was also made from their possession. Learned Counsel for the applicant further contends that Rs.1,55,000/-, which has been recovered from the possession of applicant was his own money as he was running his electronic shop and selling electronic goods. It is next contended that the co-accused, Shyam Singh and Dinesh Kumar have already been released on bail by coordinate benches of this Court vide orders 16.09.2021 and 02.09.2021 in Criminal Misc.Bail Application Nos.32246 of 2021 and 29350 of 2021, the case of the applicant stands on identical footing to that of the co-accused, hence, he is also entitled to be released on bail on the ground of parity. Lastly it is contended that the applicant is in jail since 13.04.2021 having no criminal history to his credit as stated in paragraph no.17 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 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 S.P.