Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23904 of 2021 Applicant :- Mohammad Idrish And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Tarun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Sanjay Singh, learned AGA-I for the State and perused the record.
The submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicants had never had enmity with the victim whereas the firing was accidental and without having intention as also the victim received injury on non-vital part. It is also contended that a false and concocted story has been set up against the applicants. The applicants have criminal history of three cases, which they have properly explained in paragraphs-20 & 21 of the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. The applicants are languishing in jail since 7.3.2021. They undertake that they will not misuse the liberty, if granted, therefore, they may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
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 Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.30 17:18:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad 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- (i) Mohammad Idrish and (ii) Shan Mohammad alias Shanu alias Kendre involved in Case Crime No. 86 of 2021, under Section 307 IPC, Police Station Jalaun, District Jalaun be released on bail, on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned by each applicant, 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 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 :- 29.7.2021 Digamber