Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43630 of 2021 Applicant :- Mohan Pasi And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Raj Kiran Chaudhary, 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 applicants with a prayer to release them on bail in Case Crime No. 126 of 2021, under Sections 380, 411 IPC, P.S. GRP Allahabad, District Prayagraj. , during pendency of trial.
It is contended by learned counsel for the applicant that the applicants are innocent and have been falsely implicated in the present case. It is next submitted that the first information report was lodged against unknown persons with the allegation that some unknown persons have stolen the jewellery of the informant. It is further submitted that the applicants were not named in the FIR and their names were surfaced during the course of investigation. It is next submitted that recovery of one ring yellow metal has been shown from the possession of applicant no. 1, two earrings yellow metal has been shown from the possession of applicant no.2 and one ring yellow metal has been shown from the possession of the applicant no.3. The alleged recovery shown from the possession of the applicants are false and planted for which there is no public witness of the alleged recovery and even no identification parade was conducted by the police. It is further submitted that co-accused having identical role to the applicant has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 16.9.2021 passed in Criminal Misc. Bail Application No. 34344 of 2021, hence the applicant is entitled for bail on the ground of parity. The applicants are in jail since 1.7.2021 and have no criminal history 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 applicants 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 applicants, Mohan Pasi, Mahesh Pasi and Chandan Yadav they are involved in aforesaid crime be released on bail on their 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 :- 28.10.2021/Akbar