Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35931 of 2021 Applicant :- Parvez Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Kumar Tiwari,Atul Shukla,Radhey Shyam Shukla Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava
Hon'ble Rajiv Joshi,J.
Heard Sri Radhey Shyam Shukla, learned counsel for the applicant, Sri Rakesh Kumar Srivastava, learned counsel for the informant as well as 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. 100 of 2021, under Sections 504, 307, 302, 34 I.P.C., registered at Police Station Rabupura, District Gautam Buddh Nagar, 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. Learned counsel for the applicant further submitted that although the applicant is named in the First Information Report but the role of firing upon the deceased is assigned to co- accused Subodh. It is argued that even therein it is mentioned that Subodh fired upon the first informant but the fire hit the deceased Parvesh who was a passer by and was not the intended target. It is further argued that the applicant is stated to be present with co-accused Subodh along with other two co- accused persons when the present incident took place. It is argued that the case of the applicant is distinguishable from the co-accused Subodh, who has been assigned the role of firing with a firearm due to which Pravesh died. He further argued that the applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 9.8.2021. It is further contended by learned counsel for the applicant that co-accused- Kushpal, having identical role to the applicant had already been enlarged on bail by this Court vide order dated 21.10.2021 passed in Criminal Misc. Bail Application No. 40230 of 2021, hence the applicant is entitled for bail on the ground of parity.
Learned A.G.A. as well as learned counsel for the informant have 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, Parvez 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 :- 26.10.2021/Akbar