Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24520 of 2021 Applicant :- Bhola Ram And 4 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- Viveka Nand Rai,Viveka Nand Rai
Hon'ble Rajiv Joshi,J.
Re: Order on Exemption Application
Application is allowed.
The applicants are exempted from filing certified copy of first information report dated 16.04.2021.
Re: Order on Bail Application
Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicants, learned AGA for the State, Sri Viveka Nand Rai, learned counsel for the informant and perused the record.
This bail application has been filed on behalf of the applicants seeking bail in Case Crime No. 39 of 2021, under Sections 147, 148, 149, 307, 308, 352, 336, 324, 504, 323, 325 IPC, Police Station Nibohara, District Agra, during pendency of trial.
It is contended by learned counsel for the applicants that the applicant are innocent and they have falsely been implicated in the present case. As per the first information report, applicants along with other co-accused persons assaulted the informant and their family members and as a result thereof, five persons were injured from the side of the informant and three persons were injured from the side of the accused. It is next contended that no specific role has been assigned to any of the accused and only general role has been assigned to them. It is lastly contended that the applicants have no other criminal history as stated in paragraph 17 of the affidavit filed in support of the bail application. They are in jail since 17.04.2021 and in case they are released on bail, they 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 applicants.
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 applicants- Bhola Ram, Angan Lal, Vinod, Dashrath and Raj Kumar involved in Case Crime No. 39 of 2021, under Sections 147, 148, 149, 307, 308, 352, 336, 324, 504, 323, 325 IPC, Police Station Nibohara, District Agra be released on bail, on their 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 applicants 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 :- 16.8.2021 Noman Digitally signed by Justice Rajiv Joshi Date: 2021.08.17 17:06:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad