Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39416 of 2021 Applicant :- Pavnesh Opposite Party :- The State Of U.P. Counsel for Applicant :- Ashutosh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Ms. Abhilasha Singh, 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 seeking bail in Case Crime No.957 of 2020, under Sections 420 I.P.C. & Sections 15(2), 15(3) Indian Medical Council Act, Police Station Gunnaur, District Sambhal during the 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. It is further contended that even if the entire prosecution case is taken into consideration then also no offence of cheating and other offences are made out against the applicant. It is next contended that the applicant is not a medical practitioner, he is simply a servant working in Mala Nurshing Home where the alleged raid was conducted by the informant, who is Nodel Officer. It is also contended that the offence is triable by Magistrate, the maximum sentence for the offence under Section 420 I.P.C. is seven years and the maximum sentence for the offences under Sections 15(2) & 15 (3) of Indian Medical Council Act is three years. The investigation has already been completed and the charge sheet has been filed on 02.06.2021, the applicant is no more required for any further investigation. Lastly it is contended that the applicant is in jail since 25.05.2021 having criminal history of two cases in which he is on bail and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in 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, Pavnesh 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 S.P.
Digitally signed by Justice Rajiv Joshi Date: 2021.10.26 16:43:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad