Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33389 of 2021 Applicant :- Pawan Rai Gandhi Opposite Party :- State of U.P.
Counsel for Applicant :- Kamal Dev Singh Chanchal Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Kamal Dev Singh Chanchal, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 256 of 2017, under Sections 364A, 342, 346, 386, 419, 420, 467, 468, 120B I.P.C., PS Phoolpur, District Varanasi, during pendency of trial.
It is contended by counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case which was got registered against the two named co-accused namely Aman Verma and Ashok Sharma. It is further contended that applicant was not named in the F.I.R. and subsequently, on the basis of confessional statement name of the applicant came into light. It is further contended by learned counsel for the applicant that co-accused Kapil @ Bhaskar @ Bhatiya, Subroto Adhikari and Rajveer Singh Yadav had already been granted bail by the co-ordinate Bench of this Court vide orders dated 25.11.2020, 27.07.2018 and 3.12.2020 passed in Criminal Misc. Bail Application Nos. 41361 of 2020, 27150 of 2018 and 27623 of 2020 respectively, whose role were identical to the applicant, and therefore, the applicant is entitled for bail on the ground of parity. It is further contended that no recovery is alleged to have been made from the possession of the applicant. It is lastly contended by learned counsel for the applicant that the applicant is in jail since 02.11.2020 having no criminal history as stated in paragraph no. 23 of the affidavit filed in support of bail application and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant-Pawan Rai Gandhi involved in the 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant 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.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.9.2021 Noman