Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30409 of 2021 Applicant :- Gulam Husain Opposite Party :- State of U.P.
Counsel for Applicant :- Om Narayan Pandey
Hon'ble Rajiv Joshi,J.
Order on Exemption Application Application is allowed.
The applicant is exempted from filing certified copy of the FIR as well as free copy bail rejection order.
Order on Bail Application Heard Sri Om Narayan Pandey, learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 92 of 2021, under Sections 171, 406, 420, 467, 468, 471 IPC, Police Station- Sadar Bazar, District- Shahjahanpur, is seeking enlargement on bail.
It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the first information report of the alleged incident is delayed by one day, for which no plausible explanation has been given which itself falsify the prosecution story. The recovery of one country-made pistol and Rs. 22,000/-, has been shown from the possession of the applicant. There is no independent witness of the alleged recovery. It is also contended that co-accused Abdul Waheed Khan, has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 19479 of 2021 vide order dated 29.7.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 12.2.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Digitally signed by Justice Rajiv Joshi Date: 2021.08.16 16:59:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad 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, Gulam Husain 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 :- 13.8.2021/Sweety