Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35379 of 2020 Applicant :- Bhajman @ Kukkun Opposite Party :- State of U.P.
Counsel for Applicant :- Roopesh Kumar Nigam Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Roopesh Kumar Nigam, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is next submitted that there is no credential evidence against the applicant which may show involvement of the applicant in the present case. There is no independent reliable eye witness of the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that there is also no possibility of applicant either of fleeing away from the judicial process or tampering with the witnesses. The applicant is in jail since 4.8.2020 and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant, but could not dispute the above submissions.
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 applicant- Bhajman @ Kukkun, be released on bail in Case Crime No. 140 of 2020, under Section- 272 IPC, and Section 60A, 62 Excise Act, Police Station- Kaptanganj, District- Basti, on furnishing a personal bond and two sureties of Rupees Two Lakh each (one should be of a family member) before the magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.(iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will 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.
The concerned court below is directed to conclude the trial expeditiously, preferably within a period of six months from the date of production of a copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 5.1.2021 ssm