Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35614 of 2020 Applicant :- Mahaveer Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Pandey,Ajai Kumar Srivastava,Rajeev Kumar Counsel for Opposite Party :- G.A.,Vikas Srivastava
Hon'ble Syed Aftab Husain Rizvi,J.
Heard Sri Rajeev Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Mahaveer Singh with a prayer to enlarge him on bail in Case Crime No.399 of 2020, under Sections- 147, 148, 149, 452, 323, 324, 325, 504, 506, 307, 376D, 392, 188, 269, 270 I.P.C. & Section 3 of Pandemic Act, Police Station-Kotwali Nagar District-Etah.
The report of this incident was lodged by the complainant with the concerned police station about accused persons on the allegation that the accused persons were trying to take possession of a disputed plot for which litigation was pending between the complainant side and accused side. It is further alleged in the first information report that when the accused side came to take possession of the disputed plot, mar-pit ensued between the complainant side and accused side and it was also alleged in the First Information Report that the sister of the complainant was sexually molested by accused Jitendra and Ansuman.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is further submitted by the learned counsel that false allegation has been levelled upon the accused persons including the present applicant that when they had gone to take possession over the plot which was claimed to be disputed by the complainant side, the present accused was present there and the applicant was assigned the role of exhortation It is further contended that the co-accused Sukhvendra who has assigned the main role of the alleged incident have already been enlarged on bail vide order dated 01.12.2020 in Criminal Misc. Bail Application No. 37319 of 2020 and another co-accused namely Yogesh and Dharmendra have already been enlarged on bail vide orders dated 15.12.2020 and 09.12.2020 in Criminal Misc Bail Application Nos.36431 of 2020 and 35258 of 2020 respectively. The applicant having no previous criminal history and is languishing in jail since 21.06.2020 and further undertakes that he will not misuse the liberty and will co-operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application but not disputed the aforesaid facts.
Considering the rival submissions of the parties, nature of offene, nature of injuries, severity of punishment and all other attending circumstances, without expressing any opinion on merit of the case, the Court is of the view that a case of bail is made out.
Accordingly, bail application is allowed.
Let the applicant- Mahaveer Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
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 :- 28.10.2021 C. MANI