Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28118 of 2021 Applicant :- Smt. Paanbai And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.97 of 2021, under Sections 147, 307, 323, 332, 342, 353, 393, 504, 506 I.P.C. and 7 Criminal Law Amendments Act, and 3/5 Prevention of Damage to Public Property Act 1984, P.S. Banpur, District Lalitpur during pendency of the trial.
As per prosecution version, 27-28 persons including applicants and unknown persons came and started protesting against fake and bogus voting. In this protest they attacked on polling station/booth and hurled stones upon police personnel and injured them.
It is argued by learned counsel for the applicants that the applicants are ladies, innocent and have been falsely implicated in the present case due to village rivalry; no identification parade was done; the injures are simple in nature; there is no evidence against the applicants; no x-ray report has been shown. There is no prospect of trial of the present case being concluded in near future. The applicants are not a previous convict. The applicants are languishing in jail since 23.04.2021 and 21.04.2021 and in case they are enlarged on bail they will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants, Smt. Paanbai and Vimla , who are involved in aforesaid case crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach 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 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 :- 12.8.2021 Meenu