Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29079 of 2021 Applicant :- Mohisn And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Suresh Singh,Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned AGA -I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that the allegation was made in the F.I.R. running the petrol pump without license and any formalities but in the above condition the owner is only responsible about the inquiry or license of petrol pump for showing before the inquiry officer but they are falsely implicated to the applicants in the aforesaid case. It is further submitted that from the reading of the F.I.R. it is evident that the applicants was sales man in the petrol pump and they are installed at the petrol pump about 15 days ago by Raju mama to measure the oil at the petrol pump, but they are not know about the details of petrol pump owner and its owners. 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 has 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. It has also been submitted that the applicants are languishing in jail since 07.06.2021. It has been pointed out that the applicants have no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
Courts have taken notice of the 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 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.
Let applicants- Mohisn And Bhopendra, be released on bail in Case Crime No 26 of 2021, under Sections- 419, 420, 467, 468, 471 IPC and 3/7 Essential Commodities Act, Police Station- Gonda, District- Aligarh, on furnishing a personal bond and two sureties of each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 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 :- 25.10.2021 Neetu