Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42988 of 2021 Applicant :- Doodhnath Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Chandan Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today is taken on record.
Re: Order on Exemption Application Application is allowed.
The applicant is exempted from filing certified copy of first information report dated 23.08.2021.
Re: Order on Bail Application Heard Sri Chandan Kumar Chaturvedi, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 97 of 2021, under Section 3/7 Essential Commodities Act, Police Station Rani Ki Sarai, District Azamgarh, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, which was lodged against the applicant and another co- accused namely, Dilsher Yadav, with the allegation that the applicant was found in possession of 50 bags of wheat and 11 bags of rice, which is alleged to have been stolen by him from godown of Food Corporation of India. The other co- accused is alleged to be the driver of the vehicle. The first information report was lodged for theft, but the case has been registered against the applicant under Section 3/7 Essential Commodities Act. It is next contended by learned counsel for the applicant that the matter is under investigation. The applicant is aged about 65 years and is suffering from many diseases and on 26.10.2021 due to brain hemorrhage, he was referred to department of Neurology at IMS B.H.U., Varanasi, discharge slip of which, has been appended as annexure-1 to the supplementary affidavit. It is next contended that the applicant is entitled to be released on bail on the ground of illness also. It is lastly contended that the applicant has criminal history of one case, in which, he has been released on bail. He is in jail since 24.08.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Doodhnath Yadav involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the 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 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 Noman