Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused-applicant- Kullu @ Kallu @ Ajeem, who is involved in Case Crime No. 579 of 2019, under Sections 147, 148, 149, 323, 332, 336, 188, 333, 353, 341, 307, 304, 504, 506, 153A I.P.C. & Section 7 Criminal Law Amendment Act, Police Station- Ramgarh, District- Firozabad.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case; that the applicant is not named in the FIR; that there is no recovery from the possession of the applicant; that no specific role is assigned to the applicant; that general and vague allegations have been made against the applicant; that there is no recovery either from possession or on pointing of the applicant; that there is no independent public witness of the occurrence; that co-accused Mohsin @ Moseen and Faeem @ Khava have been granted bail by a coordinate Bench of this Court vide order dated 07.12.2020 passed in Criminal Misc. Bail Application Nos. 38239 of 2020 and 40063 of 2020 and the bail is also pressed on the ground of parity. It is lastly contended that the applicant is languishing in jail since 13.10.2020 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for bail, but could not dispute the factum of granting bail to co-accused.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicant involved in the 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 with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Needless to note that any observation touching the merit of the case, if has come in this order that is only for the purpose of deciding this bail application and learned Court below will not be influenced in any way thereof while deciding the case finally.
Order Date :- 12.1.2021 SK Srivastava