Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11808 of 2021 Applicant :- Nafees Opposite Party :- State of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Avinash Pandey, 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. 760 of 2020, under Section 414 IPC, Police Station Kandhala, District Shamli, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. It is next contended by learned counsel for the applicant that the applicant was arrested by the police from his house and an e-mail in this regard was sent by the brother of the applicant, but his arrest was shown by the police on 26.12.2020 at the site and one motorcycle was alleged to have been recovered from the possession of the applicant. Thereafter, the first information report was lodged. It is next contended by learned counsel for the applicant that the entire recovery shown against the applicant is false and planted, for which there is no independent witness. The offence is triable by Magistrate and the charge sheet has already been filed on 25.01.2021. It is lastly contended that the applicant has criminal history of 21 cases, out of which in 5 cases, he has been convicted for the sentence undergone, in some cases, he has been released on bail and in some cases, he has been acquitted. Details of all the cases, has been mentioned in paragraph 7 of the rejoinder affidavit. He is in jail since 26.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
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- Nafees involved in the aforesaid crime 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 :- 30.9.2021 Noman