Heard Sri Sanjay Shukla, learned counsel for the applicant, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is handicapped. It is next contended that applicant's case is at par with co-accused namely Ravi Kushwaha @ Vickky, who has been granted bail by another Bench of this Court vide order dated 16.9.2020, passed in Crl. Misc. Bail Application No. 27478 of 2020, (copy of the said order has been annexed as Annexure-6 to the affidavit filed in support of instant bail application) and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 27.6.2020.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused person has been granted bail.
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 applicant- Jhabbu @ Ganesh Yadav, be released on bail in Case Crime No. 0162 of 2020, under Sections- 147, 148, 149, 307, 323, 504, 506 IPC, Police Station- Kotwali, District- Gorakhpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court 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 :- 29.1.2021 ssm