Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43388 of 2021 Applicant :- Dildar Opposite Party :- State of U.P.
Counsel for Applicant :- Shikhar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shikhar Awasthi, learned counsel for the applicant, Sri Abhinav Prasad, learned Brief Holder appearing on behalf of the State and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is no independent, impartial reliable witness of the alleged incident. It is next contended that nothing incriminating article was recovered from the possession of the applicant or on his pointing out. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is next contended that it is a cross case in which both sides have received injuries and at this stage it cannot be said as to who was aggressor and the incident had taken place at the spur of the moment. It is next contended that general role of physical assault has been assigned to all the accused persons including the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is next contended that co-accused persons namely Dilshad and Ata Mohammad have been granted bail by this Court vide order dated 27.09.2021, passed in Crl. Misc. Bail Application No. 27972 and 28465 of 2021 respectively, (copies of the said orders have been produced before the Court which is taken on record), the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 29.08.2021.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, Motu Writ Petition (c) No. 1/2020 , Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Considering the facts and circumstances of the case, 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 applicant- Dildar, be released on bail in Case Crime No. 354 of 2021, under Sections - 147, 148, 149, 452, 323, 324, 307, 352, 452, 504 and 506 IPC, Police Station- Gulaothi, District- Bulandshahr, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
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 court concerned and in case of breach of any of the conditions mentioned above, court concerned will 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.
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 :- 28.10.2021 ssm