Heard Sri Suresh Chandra, learned counsel for the applicants, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicants seeking bail in Case Crime No. 207 of 2019, under Sections 147, 148, 149, 323, 308, 504, 325 IPC, Police Station Palimukimpur, District Aligarh, during pendency of trial.
It is contended by learned counsel for the applicants that the applicants are innocent and they have falsely been implicated in the present case. As per the first information report, which was lodged against 11 persons including the applicants with the allegation that the applicants have assaulted the informant and two other persons with the help of lathi, dandas and knives, as a result thereof, they sustained injuries. It is next contended that no specific role has been assigned to any of the applicants and other co-accused persons and general allegations have been levelled against them. It is next contended that injury report of all injured persons indicates that the injuries sustained to them are simple in nature. It is next contended by learned counsel for the applicants that the offence under Section 308 IPC is attempt to commit culpable homicide and maximum sentence is for three years and if, hurt is caused to any person by such act, shall be punished for with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is lastly contended that the applicants have no other criminal history. They are in jail since 05.03.2021 and in case they is released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicants.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicants- Mahendra Singh @ Manturi, Vijay Singh, Charan Singh, Rohit and Somvir, involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
1. The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 26.8.2021 Noman