Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27923 of 2021 Applicant :- Mithai Lal @ Mithai Prasad Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Warish Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Mohd. Warish Khan, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 63 of 2021, under Sections 147, 148, 149, 332, 333, 336, 353, 392, 307, 511, 188, 269 IPC, Section 3/4 Public Property Damage Prevention Act, 1984, Section 7 Criminal Law Amendment Act, 1932, Section 51 (b) Disaster Management Act, 2005 and Section 134 (1), 130 (1) (A) Representation of the Public Act, Police Station Khampar, District Deoria, during pendency of trial.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that applicant was not named in the first information report, his name was surfaced during investigation, when police arrested him on the basis of information received from one mukhbir. It is next submitted that nothing has been recovered from the custody of the applicant or on his pointing out. It is further submitted that co-accused Rakesh Sharma and Rameshwar Kushwaha, whose role was identical to that of the applicant, have already been granted bail by the co-ordinate Bench Court on 9.8.2021 in Criminal Misc. Bail Application Nos. 28094 of 2021 and 27184 of 2021 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history to his credit and is languishing in jail since 10.05.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.
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 applicant.
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 applicant- Mithai Lal @ Mithai Prasad involved in Case Crime No. 63 of 2021, under Sections 147, 148, 149, 332, 333, 336, 353, 392, 307, 511, 188, 269 IPC, Section 3/4 Public Property Damage Prevention Act, 1984, Section 7 Criminal Law Amendment Act, 1932, Section 51 (b) Disaster Management Act, 2005 and Section 134 (1), 130 (1) (A) Representation of the Public Act, Police Station Khampar, District Deoria, 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 applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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 :- 16.8.2021 Noman