Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33657 of 2020 Applicant :- Khetpal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.,Dileep Kumar Yadav
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajay Dubey, learned counsel for the applicant, Sri Dileep Kumar Yadav, Sri Sanjay Singh, learned AGA- I, for the State and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is highly inordinate delay in lodging of the First Information Report without any plausible explanation. There is general allegation against the accused persons. The applicant has not committed the alleged offence. There is no independent witness of the alleged incident. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further contended that no specific role has been assigned to the applicant. 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 is further submitted that previous criminal history of the applicant has been properly explained in paragraph 16 of the affidavit filed in support of bail application and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 30.6.2020, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.
Considering the facts and circumstances of the case, 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- Khetpal Singh, be released on bail in Case Crime No. 275 of 2020, under Sections - 147, 148, 308, 336, 323, 325, 504, 506 IPC, Police Station- Narakhi, District- Firozabad, on furnishing a personal bond and two heavy sureties (one should be of a family member) to the satisfaction of the 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 court concerned and in case of breach of any of the conditions mentioned above, court concerned will 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 concerned court below is directed to conclude the trial expeditiously, preferably within a period of six months from the date of production of a copy of this order.
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.
Order Date :- 6.1.2021 ssm