Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38872 of 2021 Applicant :- Deepak Kumar @ Tatiya Opposite Party :- State of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard 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. 410 of 2021, under Sections 147, 148, 149, 323, 504, 506, 308 IPC, Police Station T.P. Nagar, District Meerut, 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 further submitted that the applicant was not named in the FIR and his name was surfaced on the basis of the statement recorded under Section 161 Cr.P.C. of injured person, namely, Varun. It is next submitted that general role has been assigned upon the all accused persons including applicant. No specific role has been assigned to the applicant. It is further submitted that as per medical report of the injured,all injuries are simple in nature. It is next submitted that the co-accused Vineet @ Dipty who has been assigned similar role to the applicant has already been granted bail by the co-ordinate Bench of this Court vide order dated 8.9.2021 passed in Criminal Misc. Bail Application No. 36048 of 2021, hence the applicant is entitled for bail on the ground of parity.
Lastly, 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. The applicant has no criminal history and he is languishing in jail since 23.7.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
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, Deepak Kumar @ Tatiya 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 :- 26.10.2021/Akbar