Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14350 of 2021 Applicant :- Ashutosh Singh @ Ashu Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Singh Counsel for Opposite Party :- G.A.,Chandra Shekhar Pandey,Shri Prakash Dwivedi
Hon'ble Rajiv Joshi,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Dharmendra Singh, learned counsel for the applicant, Sri Chandra Shekhar Pandey, learned counsel for the informant as well as learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 973 of 2019, under Sections 147, 148, 149, 302, 323, 120-B I.P.C., P.S.- Soraon, District Prayagraj.
It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is next submitted that the FIR was lodged against unknown persons to the effect that the brother-in-law of the informant was killed by somebody. It is next submitted that the name of the applicant was surfaced on the basis of the confessional statement of the co-accused Dheeraj Maurya, Rajeshwari and Shani @ Satendra Shukla. It is submitted that case is purely based on circumstantial evidence and it has been alleged that co-accused Rajeshwari (wife of the deceased) was having affair with one Dheeraj Maurya, who is also an accused in the case. It is next submitted that except the confessional statement, there is no evidence against the applicant and statement of eye witness namely Ashendra Pal did not disclose the name of the applicant or his identity. It is next submitted that the co-accused, Karan Gautam Shani @ Satendra Shukla, Deeraj Maurya having identical role to the applicant has already been granted bail by the co-ordinate Bench of this Court vide orders order dated 9.7.2020,18.2.2021 and 22.2.2021 passed in Criminal Misc. Bail Application Nos. 11142 of 2020, 29313 of 2020 and 31811 of 2020 respectively, hence the applicant is entitled for bail on the ground of parity.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is in jail since 30.10.2019 having criminal history of one case, which has been explained in paragraph no. 19 to the affidavit, in which, he is already enlarged on bail and after the implication in the present case two more cases has been registered against him and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned AGA as well as learned counsel for the informant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. The bail application stands allowed.
Let the applicant- Ashutosh Singh @ Ashu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 Akbar