Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45267 of 2021 Applicant :- Mateen And Another Opposite Party :- State Of U.P Thru Secretary Home Lknw.
Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri A.Z.Khan, learned counsel for the applicants, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release them on bail in Case Crime No. 389 of 2021, under Sections- 414, 411 IPC, Police Station- Fatehpur, District- Saharanpur, during pendency of trial.
It is submitted by learned counsel for applicants that applicants are innocent and has falsely been implicated in the present case. It is next submitted that as per the FIR, the police personnel during routine checking on 17.9.2021 at about 8:30 p.m. arrested the applicants and one another co-accused. Recovery of four mobile from the custody of the applicant no.1 and 3 mobile from the custody of applicant-2 have been shown. It is next submitted that the alleged recoveries are false and planted by the police, for which there is no independent witness. It is next submitted that the applicants have no previous criminal history except two cases which is registered along with the present case and out of which, in one case he is released on bail by the co-ordinate Bench of this Court today passed in Criminal Misc. Bail Application No. 45252 of 2021. The applicants are in jail since 18.9.2021 and if they are released on bail, there is no chance of their absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, 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. The application is allowed.
Let the applicant, Mateen and Ujaif they are involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 29.10.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.11.01 10:35:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad