Re: Order on Exemption Application Application is allowed.
The applicant is exempted from filing certified copy of first information report dated 08.01.2021.
Re: Order on Bail Application Heard Sri Kandarp Srivastava, 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. 12 of 2021, under Sections 395, 412, 120B IPC, Police Station Soorajpur, District Gautam Buddh Nagar, during pendency of trial.
Learned counsel for the applicant submits that according to the F.I.R. version the employee of petrol pump of the informant were going to deposit Rs.8,000,00/-, were looted by two unknown persons on 08.01.2021. It is further submitted that according to prosecution on 17.01.2021 five person were arrested and on the basis of recovery of Rs.1,10,000/- from the possession of co-accused Vikas and Rs. 1,35,000/-, from the possession of applicant. There is no such evidence to prove that recovered money is looted money. It is next submitted that co-accused Vikash, Vijendra @ Vinder, Bharat @ Azad, Sanni @ Chandrakant Bhardwaj, have been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 3.8.2021, 9.8.2021, 11.8.2021 and 18.08.2021 passed in Criminal Misc. Bail Application Nos. 25407 of 2021, 27475 of 2021, 27785 of 2021 and 29422 of 2021 respectively. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has not committed the alleged offence. He has been falsely implicated in the present case. The applicant has criminal history of four cases, which has been explained in paragraph 10 of the affidavit filed in support of the bail application, in which he has been enlarged on bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 17.01.2021 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- Brijesh Gurjar involved in Case Crime No. 12 of 2021, under Sections 395, 412, 120B IPC, Police Station Soorajpur, District Gautam Buddh Nagar, 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 :- 19.8.2021 Noman