Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30069 of 2021 Applicant :- Bhagwan Das Opposite Party :- A.G.A Counsel for Applicant :- Pankaj Dwivedi
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 24.08.2021.
Re: Order on Bail Application
Heard Sri Pankaj Dwivedi, 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. 614 of 2018, under Sections 392, 411, 201 IPC, Police Station Shahganj, 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 applicant was not named in the first information report and his name was surfaced on the basis of confessional statement of co-accused Rahul. It is next contended that except the confessional statement of co-accused, there is nothing against the applicant in order to connect him with said offence. It is next contended that co-accused Pawan Gola, Pradip and Rahul Kumar, whose role was identical to that of the applicant, have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 11.3.2019 and 18.4.2019 in Criminal Misc. Bail Application Nos. 41534 of 2018, 41615 of 2018 and 42448 of 2018 respectively and therefore, the applicant is also entitled for bail on the ground of parity. It is lastly contended that the applicant has no other criminal history. He is in jail since 01.06.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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- Bhagwan Das involved in Case Crime No. 614 of 2018, under Sections 392, 411, 201 IPC, Police Station Shahganj, District Agra, 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 :- 12.8.2021 Noman Digitally signed by Justice Rajiv Joshi Date: 2021.08.16 10:01:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad