Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31858 of 2021 Applicant :- Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Purushottam Dixit, 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 seeking bail in Case Crime No.34 of 2021, under Sections 302, 201, 394, 411 I.P.C., Police Station Pachaygaon, District Etawah 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. The F.I.R. was lodged against unknown persons after recovery of dead body of the deceased. It is further contended that the postmortem report of the deceased indicates that the cause of death is shock due to antemortem injury. It is next contended that the name of the applicant was surfaced on the basis of confessional statements of the co- accused, Anshul and Govind, apart from the confessional statements there is no direct evidence against the applicant and even there is no eye witness of the alleged murder and the statement of the co-accused is inadmissible in view of Section 25 of Evidence Act. The recovery of Rs.700/- shown from the possession of the applicant has no connection with the aforesaid offence as the recovered money belongs to the applicant. It is also contended that the co-accused, Anuj @ Anshul has already been released on bail by a coordinate bench of this Court vide order dated 19.07.2021 in Criminal Misc. Bail Application No.25789 of 2021, the case of the applicant stands on identical footing to that of the co-accused, hence, the applicant is also entitled to be released on bail on the ground of parity. Lastly it is contended that the applicant is in jail since 21.05.2021 having criminal history of one case in which final report has been submitted by the police after investigation and in case he is released on bail, he 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 applicant.
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 applicant, Deepak 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 :- 27.10.2021 S.P.