Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33591 of 2021 Applicant :- Bobby Kushwaha Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A.,Vibhendu Mishra
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned AGA, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further contended that the applicant is not named in the F.I.R. and that the applicant has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 09.03.2021. It has been pointed out that the applicant has prior to the alleged incident having no criminal history.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer.
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 Bobby Kushwaha, be released on bail in Case Crime No. 311 of 2021, under Sections 392, 411 I.P.C., Police Station Kavi Nagar, District Ghaziabad, on furnishing a personal bond and two sureties of Rs. 2 lacs each (one should of the family member), subject to 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 :- 27.9.2021/A.