Heard Sri Babu Lal Ram, learned counsel for the applicant and Sri Sanjay Singh, learned AGA-I for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the co-accused Sachin Asthana having similar role has been granted bail by this Court vide order dated 23.11.2020 in Criminal Misc. Bail Application No. 40508 of 2020 and co-accused Vipin Singh @ Tedi having similar role has been granted bail by this Court vide order dated 20.01.2021 in Criminal Misc. Bail Application No.1990 of 2021 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 25.08.2020.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Having heard the submissions of learned counsel of both sides, 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, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant- Manish Sharma @ Langada be released on bail in Case Crime No.326 of 2020, under Sections 147, 307, 323, 324, 336, 427, 504, 506 IPC, Police Station- Barra, District- Kanpur Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court and shall make a declaration of such verification in writing.
Order Date :- 9.2.2021 Atul