Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34565 of 2021 Applicant :- Kaushal @ Pawan @ Bhole Opposite Party :- State Of U. P.
Counsel for Applicant :- Prem Babu Verma,Anita Singh,Nirmla Kumari Counsel for Opposite Party :- G.A.,Niklank Kumar Jain
Hon'ble Rajiv Joshi,J.
Heard Ms. Anita Singh, learned counsel for the applicant and Sri Niklank Kumar Jain, learned counsel for informant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 124 of 2020 under Section 307 IPC, Police Station- Bagwala, District- Etah, during pendency of trial.
It is submitted by the counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. As per the FIR, five accused person including the applicant has open fired upon the informant. The role of firing has been assigned to the applicant but the bullet-shot was missed. It is further submitted that it is no injury case. The applicant has no previous criminal history as stated in paragraph no. 14 to the affidavit filed in support of the bail application. The applicant is in jail since 28.5.2021 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 AGA and learned counsel for informant have opposed the prayer for bail with the submission that the car was struck with the bullet, which was fired with the intention to kill the applicant 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, Kaushal @ Pawan @ Bhole, 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.
Order Date :- 22.9.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.09.22 16:42:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad