Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21523 of 2021 Applicant :- Nizakat Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Surendra Mohan Mishra, learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 29 of 2019, under Sections- 419, 420, 467, 468, 471, 120B IPC and 66 of Information Technology (Amendment) Act, Police Station- Siddharthnagar, District- Siddharthnagar, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. The First Information Report was lodged against unknown persons that some accounts of Urban Co-operative Bank has been hacked by someone, as a result thereof some money has been transferred unauthorizedly. It is further submitted that the applicant was arrested along with other co-accused persons after one year and ten months on the basis of the information given by the informer (Mukhbir) and nothing has been recovered from his possession. Subsequently on the basis of his confessional statement, applicant was implicated in the present. It is next contended that there is no other evidence to connect the alleged crime except his confessional statement. It is further contended by learned counsel for the applicant that co-accused- Rashid Khan having identical role to the applicant had already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 9.9.2021 in Criminal Misc. Bail Application No. 21299 of 2021, hence the applicant is entitled for bail on the ground of parity The applicant is in jail since 23.12.2020 and has no criminal history and if he is released on bail, there is no chance of him absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
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. The application is allowed.
Let the applicant, Nizakat Ali 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 :- 24.9.2021/Akbar