Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38659 of 2021 Applicant :- Girish Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Sanjay Pathak, 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 with a prayer to release him on bail in Case Crime No.90 of 2021, under Sections 419, 420, 468, 471 I.P.C. & Section 3/9 Uttar Pradesh Public Examination Act at Police Station Lodha, District Aligarh, during pendency of trial.
Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. He further submitted that applicant is neither named in the F.I.R. nor arrested at the spot. He further submitted that during investigation, the name of the applicant came into light from the confessional statement of co-accused in police custody. He further submitted that nothing incriminating article has been recovered from his possession or his pointing out which show the complicity of the applicant in the present case. He further submitted that the alleged recovery shown from the possession of the applicant is his own money and AADHAR Card.
It is further contended by learned counsel for the applicant that co-accused- Sunder Singh having identical role to the applicant had already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 25.5.2021 in Criminal Misc. Bail Application No. 20504 of 2021, hence the applicant is entitled for bail on the ground of parity. The applicant has no previous criminal antecedents. The applicant is languishing in jail since 21.03.2021 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
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. The application is allowed.
Let the applicant, Girish who is 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 :- 6.10.2021/Akbar