Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42758 of 2021 Applicant :- Hem Prakash Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Sandeep Kumar Tiwari, 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.949 of 2020, under Section 2/3 of U.P. Gangster and Anti Social activities (Prevention) Act, 1986, P.S. Naini, District Prayagraj, is seeking enlargement on bail during pendency of trial.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in three criminal cases, in which he has already been enlarged on bail and the copies of the same have been annexed collectively as Annexure No.03 of the affidavit filed along with the bail application. Apart from the above mentioned three cases, applicant has also been implicated in two other cases in which also he is on bail, copies of the bail orders have been annexed as Annexure No.04 of the affidavit filed in support of the bail application. Learned counsel for the applicant further submitted that the applicant has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is also contended that the co-accused, Ravi Pandey has already been released on bail by a coordinate bench of this Court vide order dated 29.07.2021 in Criminal Misc. Bail Application No.18947 of 2021, 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. The applicant is languishing in jail since 10.09.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. vehemently 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, Hem Prakash Mishra 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.