Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28622 of 2021 Applicant :- Habibullah @ Shalu Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard 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 Habibullah with a prayer to release him on bail in Case Crime No.119 of 2021, under Sections 392 & 411 I.P.C.
P.S. Nichlaul, District Maharajganj during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per prosecution case, three unknown persons snatched the Mangalsutra of the mother of the informant and escaped from the place of occurrence. No incriminating article has been recovered from the possession of the applicant. There is no independent witness of alleged recovery. Learned counsel for the applicant submits that neither the applicant accompanying with other accused persons nor he has any concerned with them. Co-accused Shiv Kumar Verma has been been granted bail by coordinate Bench of this Court in Criminal Misc.Bail Application No.26819 of 2021 vide order dated 11.08.2021. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not previous convict. The applicant is languishing in jail since 21.03.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Habibullah @ Shalu, be released on bail in Case Crime No.119 of 2021, under Sections 392 & 411 I.P.C.
P.S. Nichlaul, District Maharajganj, 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach 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 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 SKD