Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13969 of 2021 Applicant :- Chandrajeet Yadav @ Pattar @ Dhanpattar Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Satya Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Satyendra Narayan Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 206 of 2020, under Sections- 395, 506 and 412 IPC, Police Station- Ahraula, District- Azamgarh, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. It is next submitted that the FIR was lodged against unknown persons to the effect that six unknown persons came at the petrol pump on a motorcycle and with the help of country made pistol, they have looted cash amounting to Rs. 1,080,00/-. It is next submitted that the applicant was arrested in a Case Crime No. 216 of 2020 under Sections 307,41, 411, 412, 473 IPC and 3/25/27 of Arms Act, P.S. Nizamabad, District- Azamgarh, in which he has been enlarged on bail by court below vide order dated 13.1.2021 and subsequently, on his own confessional statement, he was implicated in the present case. It is next submitted that the confessional statement of the accused is an inadmissible evidence in view of Section 25 of the Evidence Act. It is next submitted that no efforts was made by the police to identify the accused persons who committed such offence, even no identification parade has been conducted. The recovered amount of Rs. 9100/- belongs to the applicant, except the said amount nothing has been recovered from his possession. The applicant is in jail since 17.12.2020 having criminal history of 06 cases, which has been explained in paragraph no.3 to 8 to the supplementary affidavit filed today and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
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. The application is allowed.
Let the applicant, Chandrajeet Yadav @ Pattar @ Dhanpattar who is involved in aforesaid crime be released on bail on his 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 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 :- 23.9.2021 Akbar