Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41369 of 2021
Applicant :- Fakhruddin @ Fakhru Opposite Party :- State Of U.P Counsel for Applicant :- Mahesh Kumar,Firdos Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Firdos Ahmad, 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.72 of 2019, under Sections 457, 380 I.P.C., Police Station Achhnera, District Agra 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. As per F.I.R., there is allegation of theft of one A.T.M. Machine by the unknown persons. It is further contended by learned Counsel for the applicant that the applicant is not named in the F.I.R., his name was surfaced during investigation on the basis of confessional statements of the co-accused, Ali Sher and Iqbal. It is next contended that the confessional statement made by the accused in the police custody has no evidentiary value under Section 25 of the Evidence Act. No recovery has been made from the possession of the applicant. It is also contended that the co-accused, Ali Sher and Shabbal @ Shabban have already been released on bail by a coordinate bench of this Court vide orders dated 15.10.2020 and 11.11.2020 in Criminal Misc. Bail Application Nos.34717 and 39386 of 2020, 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 20.02.2021 having criminal history of one case registered at Rajasthan in which he is on bail as stated in paragraph no.08 of supplementary affidavit dated 26.10.2021 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, Fakhruddin @ Fakhru 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.
Digitally signed by Justice Rajiv Joshi Date: 2021.10.28 09:52:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad