Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29758 of 2021 Applicant :- Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Re: Order on Exemption Application
Application is allowed.
The applicant is exempted from filing certified copy of first information report dated 16.04.2021 as well as free copy of bail rejection order dated 28.05.2021.
Re: Order on Bail Application
Heard Sri Manish Yadav, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 177 of 2021, under Sections 380, 457, 411 IPC, Police Station Sadar Bazar, District Agra, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. The first information has been lodged against unknown persons. As per the first information report, the ornaments of the informants were looted by two unknown persons. It is next contended by learned counsel for the applicant that co-accused Akram was arrested on 18.4.2021 on the information given by an informant (Mukhbir) and from their joint possession, 23.5 kg ornaments of white metal alleged to have been recovered. It is next contended by learned counsel for the applicant that the applicant is a ragman (kabadi) and the police demanded illegitimate money from him and therefore, he was implicated in the present case. The alleged recovery is forged and fabricated for which there is no independent witness. It is lastly contended that the applicant has no other criminal history. He is in jail since 18.04.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Aslam involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
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 :- 23.9.2021 Noman Digitally signed by Justice Rajiv Joshi Date: 2021.09.23 17:36:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad