Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40458 of 2020 Applicant :- Phool Miyan Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. The criminal history has been explained in the affidavit as well as rejoinder affidavit. Learned counsel for the applicant further submits that applicant's case is at par with co-accused Salman who has been admitted to bail by this Court vide order dated 2.4.2019 passed in Crl. Misc. Bail Application No. 36411 of 2018. He claims parity and states that the applicant is also entitled for bail. The applicant is languishing in jail since 5.11.2019. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court.
Learned counsel appearing for the opposite party vehemently opposed the prayer but could not dispute the factual aspect of the matter.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Phool Miyan involved in Case Crime No. 12 of 2018, under Section 307 IPC, Police Station Baniyather, District Sambhal be released on bail, on his executing a personal bond and two heavy sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned, with the following conditions:
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. The trial court is directed to conclude the trial expeditiously, preferably within a period of six months from the date of production of a copy of this order.
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.
The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Digamber