Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38772 of 2020 Applicant :- Molahu @ Molhu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Amarjeet Yadav,Pushpendra Kumar Yadav Counsel for Opposite Party :- G.A.,Devendra Kumar Singh,Kharag Singh
Hon'ble Vivek Kumar Singh,J
Rejoinder affidavit filed on behalf of applicants, is taken on record.
Heard learned counsel for the applicants, Sri Sanjay Singh, learned AGA-I for the State and perused the record. None appears on behalf of opposite party even in the revised call.
It is contended by learned counsel for the applicants that civil dispute is pending between the parties and therefore, initiation of criminal prosecution is bad in law. It is further contended that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. The applicants have no other reported criminal history. 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 06.08.2020. They undertakes that they will not misuse the liberty, if granted, therefore, they may be released on bail.
Learned AGA vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, 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- Molahu @ Molhu and Lalchand involved in Case Crime No. 550 of 2020, under Sections 147, 323, 504, 452, 325 and 307 IPC, Police Station Gagaha, District Gorakhpur 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, 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.
The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 Arti