Heard Sri Nazrul Islam Jafri, learned Senior Advocate assisted by Sri Sadaful Islam Jafri learned counsel appearing on behalf of the applicant, Sri Sanjay Singh, learned AGA- I, for the State and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the First Information Report. It is next contended that the identity of the applicant has been disclosed on the ground that accused persons were taking name of each other and in the same manner the victim also came to know the name of the applicant which is highly improbable as the persons who are involved in the abduction and had concealed their identity will never think of taking the real name of each other. The alleged false recovery has been planted by the police so as to give gravity to the prosecution story. It is next contended that neither the victim was recovered from the possession of the applicant nor the alleged vehicle and further the applicant was not put up for identification parade. The applicant has not committed the alleged offence. There is no independent reliable eye witness of the alleged incident. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant 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 is further submitted that applicant's previous criminal history has been explained in paragraph 34 of the affidavit filed in support of instant bail application and there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 22.808.2020 and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.
Considering the facts and circumstances of the case, 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 applicant- Neetu alias Bhagat, be released on bail in Case Crime No. 202 of 2020, under Sections - 364A, 323,342 IPC, Police Station- Amroha, District- Amroha, on furnishing a personal bond and two sureties of Rupees Two Lakhs each (one should be of a family member) before the concerned court below subject to 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 court concerned and in case of breach of any of the conditions mentioned above, court concerned will 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 shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court 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 :- 2.2.2021 ssm