Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42811 of 2020 Applicant :- Karmjeet @ Banti Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Hari Om Sharan Tiwari,Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Affidavit of compliance as well as Exemption for personal appearance of S.P. Hapur are taken on record.
Heard Sri Anil Srivastava, learned Senior Advocate assisted by Sanjay Shukla 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 with a prayer to release him on bail in Case Crime No. 67 of 2020, under Sections- 366 IPC, Police Station- Simbhawali, District- Hapur, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. The first information report has been lodged under Section 366 IPC for kidnapping of the girl of the informant namely Shabana is alleged to have kidnapped by one Rohit. It is further contended that the applicant was not named in the FIR and his name was surfaced on the basis of the second statement of the informant which was recorded after four months i.e on 3.7.2020, apart from the statement of the informant, there is no evidence against the applicant to connect the alleged crime. It is further contended that till date, victim has not been recovered. The applicant is in jail since 16.7.2020 and has no criminal history as stated in paragraph no. 16 to the affidavit filed in support of the bail application 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 A.G.A. has opposed the bail prayer of the applicant and submits that the efforts are being made to recover the victim by the special team constituted but could not controvert the said 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. The application is allowed.
Let the applicant, Karmjeet @ Banti 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.
The personal appearance of S.P. Hapur is exempted until further order of this Court.
Order Date :- 7.10.2021/Akbar