Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33281 of 2021 Applicant :- Nazre Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Pradeep Kumar, 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. 274 of 2021, under Sections 379, 411, 413, 414, 417, 420, 488, 489 IPC, Police Station Kotwali, District Maharajganj, 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 on the basis of suspicion. It is next contended by learned counsel for the applicant that the first information report was lodged by the police personnel against the applicant and two other co-accused with the allegation that 16 motorcycles and one scooty are alleged to have been recovered from the joint possession of the applicant and other co-accused. It is next contended that separate 8 cases on the basis of recovery has been registered against the applicant including the present case. It is next contended that the entire recovery is vague and planted, for which there is no independent witness. It is next contended that one scooty which is alleged to have been recovered from the possession of the applicant belongs to the applicant. It is next contended that similar case, which was lodged on the basis of aforesaid recovery being Case Crime No. 262 of 2021, the applicant has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 6.10.2021 passed in Criminal Misc. Bail Application No. 34242 of 2021. It is lastly contended that the applicant has no previous criminal history. He is in jail since 15.06.2021 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- Nazre Alam 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 :- 29.10.2021 Noman