Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36253 of 2021 Applicant :- Chanda Bibi And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Nabi Ullah,Husnaara Khatoon Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Nabi Ullah, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicants seeking bail in Case Crime No.496 of 2020, under Sections 457, 394, 302, 120B, 411 I.P.C., Police Station Lanka, District Varanasi during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is further contended that the applicants are not named in the F.I.R., their names were surfaced on the basis of confessional statements of the co- accused, Birju, which has no evidentiary value in view of Section 25 of Evidence Act. It is next contended that some of the named accused have been exonerated by the police after investigation. The role assigned to the applicants is that the co-accused have stayed at their house. It is also contended that the co-accused, Urmi, Dadaram and Soniya have already been released on bail by a coordinate benches of this Court vide order dated 14.07.2021, 16.06.2021, 05.04.2021 in Criminal Misc. Bail Application No.21601, 1337 and 14920 of 2021, the case of the applicants stands on identical footing to that of the co- accused, hence, the applicants are also entitled to be released on bail on the ground of parity. Lastly it is contended that the applicants are in jail since13.07.2021 having no criminal history as stated in paragraph no.15 of the affidavit filed in support of the bail application and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 the applicants, Chanda Bibi and Mohammad Sabir involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 applicants 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 :- 29.10.2021 S.P.