Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16948 of 2021 Applicant :- Chhatrapal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Kamlesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
In paragraph no. 4 of the compliance report dated 11.8.2021 submitted by Vipin Kumar, Sub- Inspector, police station - Jagner, District- Agra, in which it is stated that he has served the notice upon the informant on 9.8.2021 with the pendency of present bail application but neither any counter affidavit has been filed nor anybody has put in appearance on his behalf.
Heard Sri Kamlesh 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.8 of 2020, under Sections 147, 323, 354 I.P.C. & Section 7/8 POCSO Act, Police Station Jagner, District Agra, during pendency of trial.
It is submitted on behalf of the applicant that some quarrel took place in between the applicant and the informant side in relation to the irrigation, as a result, proceedings under Sections 107/116 Cr.P.C. was initiated by the police officials and he also submitted that on the basis of concocted facts, N.C.R. was lodged by the daughter of the informant on 30.01.2020, which was registered as N.C.R. No. 3 of 2020, under Section 323, 504, 506 I.P.C., P.S. Jagner, District Agra and in the aforesaid N.C.R., it is alleged that the accused persons came to the house of the informant and started beating the daughter of the informant for which the FIR has been lodged. He further submitted that subsequent F.I.R. is not maintainable. The role assigned to the applicant to the effect that he had bitten the lips the daughter of the informant. The said allegation has not been levelled by the daughter of the informant in the NCR filed on 30.1.2020. It is further submitted that the co-accused namely Haribabu and Rupesh have already been granted bail by the co- ordinate Bench of this Court vide orders dated 20.11.2020 and 18.12.2020 passed in Criminal Misc. Bail Application No. 39077 of 2020 and 44924 of 2020 respectively, the case of the applicant stands on similar footing than the co-accused. The applicant is in jail since 9.2.2021 and has no criminal history as stated in paragraph no. 21 to the affidavit filed in support of the bail application 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, Chhatrapal Singh 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 :- 30.9.2021 Akbar