The matter has been convened by the Court through video conferencing.
Heard Shri Vivek Kumar Divedi, learned counsel for the applicant as well as Shri Rao Narendra Singh, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.264 of 2019, under Sections 147, 148, 149, 302, 323 & 504 I.P.C., Police Station - Arwal, District - Hardoi with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person, he has no criminal antecedents and is in jail since 17.10.2020.
It is further submitted on behalf of the applicant that he has been falsely implicated in the present case. He further submitted that general allegations have been levelled in the F.I.R. against all the accused persons. He further submitted that co-accused Pappu, having identical role, has been granted bail by this Court vide order dated 26.03.2021 passed in Bail Application No.3690 of 2020 (bail order is appended as annexure No.10 to the bail application). He further submitted that charge sheet has already been filed in the present case and there is no possibility for tampering of any evidence. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the accused persons caused injuries to the deceased, as a result, she died, but he does not dispute the fact that general allegations have been levelled against all the accused persons and the co-accused Pappu, having identical role, has already been granted bail by this Court.
Considering the rival submissions of learned counsel for parties, material available on record, ground to parity as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Deshraj @ Dev Raj - be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 12.5.2021 S. Shivhare