Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36873 of 2021 Applicant :- Baladeen And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Priyanka Devi,Dev Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Mrs. Priyanka Devi Sharma, learned counsel for the applicants and learned AGA for the State.
The instant bail application has been filed on behalf of the applicants with a prayer to release him on bail in Case Crime No. 05 of 2021, under Sections 147, 148, 308, 323, 325 and 504 I.P.C., Police Station- Shrinagar, District- Mahoba, during pendency of trial.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case due to enmity. It is next submitted that co-accused Pramod, Arvind, Rohit, Harendra and Omprakash have been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 16764 of 2021 vide order dated 19.7.2021. The case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants have criminal history of one case, which has been explained in paragraph no. 21 of the affidavit filed in support of the bail application. The applicants are in jail since 30.7.2021 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 AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 applicants, Baladeen and Santosh, who are involved in aforesaid crime be released on bail on their 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. They will not tamper with the witnesses.
3. They 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 :- 30.9.2021 Sweety