Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26050 of 2021 Applicant :- Pawan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Praveen Singh,Abhishe Pandey 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 Pawan & Sachin with a prayer to release them on bail in Case Crime No.159 of 2021, under Sections 147, 148, 149, 307, 336, 323, 504, 506 I.P.C. & Section 7 Criminal law Amendment Act, P.S. Jhinjhana, District Shamli during pendency of the trial.
It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. As per prosecution case, on 29.03.2021, some peoples were celebrating festival of Holi. Two group of peoples were started fighting each other with lathi, danda and stones. On that account various persons received injuries. 14 persons were arrested on the spot. Applicant having no specific role regarding fighting. Learned counsel for the applicant next submitted that co-accused Pramod has been granted bail by the coordinate Bench of this Court in Criminal Misc.Bail Application No.28011 of 2021 vide order dated 09.08.2021. Learned counsel for the applicants next submits that the applicants having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are not previous convict. The applicants are languishing in jail since 30.03.2021 and in case they are enlarged on bail they will not misuse the liberty of bail.
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 applicant has made out a case for bail. The bail application is allowed.
Let the applicants, Pawan & Sachin, be released on bail in Case Crime No.159 of 2021, under Sections 147, 148, 149, 307, 336, 323, 504, 506 I.P.C. & Section 7 Criminal law Amendment Act, P.S. Jhinjhana, District Shamli, 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 SKD