Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23948 of 2021 Applicant :- Jitendra @ Dabba Kabutara Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been 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 nothing has been recovered from the possession of the applicant, the recovery which has been shown from the possession of the applicant, is false and planted. No any direct or indirect evidence has been found against the applicant nor he has been committed any offence which is mentioned in the first information report/recovery memo, the said fact has been mentioned in para 9 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 23.01.2021. Criminal history of the applicant has been duly explained in paragraph no. 11 of the affidavit accompanying the bail application.
Learned A.G.A. has vehemently opposed the prayer.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
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- Jitendra @ Dabba Kabutara, be released on bail in Case Crime No. 846 of 2020, under Sections- 379, 411 IPC, Police Station- Kotwali Lalitpur, District- Lalitpur, 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.
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 :- 29.7.2021 Arti Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.30 17:36:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad