Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1237 of 2021 Applicant :- Nikhil Yadav @ Sheru Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Kalp Dev Mishra,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Pradeep Kumar, learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.160 of 2020, under Section 160 of 2020, under Section 307, 419, 420, 467, 468, 471, 413, 34 IPC, P.S. Badesar, District Ghazipur. during pendency of trial.
Learned counsel for the applicant submits that according to FIR version, on 01.09.2021 applicant and co-accused attempted to kill police personnel. But it is no injury case. It is also submitted that from the possession of the applicant one country- made pistol and 1.200kg ganja are alleged to have been recovered. It is further submitted that for the recovery of ganja, a separate case has been lodged, which is pending till date. It is next submitted that co-accused Abhishek Yadav @ Mangla Yadav, has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 1205 of 2021 vide order dated 6.9.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in paragraph no. 18 to the affidavit filed in support of the bail application and paragraph no. 4 to the supplementary affidavit. The applicant is in jail since 1.9.2020 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 the applicant, Nikhil Yadav @ Sheru Yadav who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 22.9.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.09.22 16:55:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad