Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34611 of 2021 Applicant :- Nooruddin @ Langda Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ansar Ahmad, learned counsel for the applicant, learned AGA 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. 577 of 2020 under Sections 457, 380, 411 I.P.C., police station Kotwali Jalaun, District Jalaun during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The First Information Report was lodged after much delay. The applicant was not named as accused in the First Information Report and his name was surfaced on the basis of confessional statement of co-accused Sabir@ Badde. It is further contended by learned counsel for the applicant that the applicant got arrested in Case Crime No. 1026 of 2020 under Section 307 I.P.C., police station Kotwali Jalaun, District Jalaun and got implicated in the present case by the police. It is further contended by learned counsel for the applicant that co- accused Sabir @ Badde has already been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 20257 of 2021 vide order dated 19.05.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 29.12.2020 having criminal history of three cases in all the three cases he was on bail as stated in paragraphs-7 and 8 of the affidavit filed in support of bail application 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. The applicant undertakes that he will co-operate with the trial.
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, Nooruddin @ Langda 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 :- 27.9.2021 Shiraz