Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12799 of 2021 Applicant :- Pintoo Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Manish,Amarnath Tripathi,Gajala Srivastava Counsel for Opposite Party :- G.A.,Sunil Kumar Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Manish, 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 applicant seeking bail in Case Crime No.237 of 2020, under Sections 147, 307, 323, 427, 452, 504, 506 I.P.C., Police Station Jaitpur, District Varanasi during the pendency of trial.
It is contended by learned counsel for the applicants that the applicants are innocent and have falsely been implicated in the present case. As per F.I.R., general role of assault with the help of Lathi, danda and iron rod has been assigned to six accused persons including applicants and one unknown person as a result there of two persons namely Teepu Yadav and Suresh got injured. It is further contended by learned Counsel for the applicants that there is a cross-case registered as Case Crime No.240 of 2020, under Sections 147, 308, 323, 452, 504, 506 I.P.C., Police Station Jatipura, District Varanasi against the informant's side in which three persons got injured. The cross version can be seen at the time of trial in order to ascertain that which party is the aggressor. It is next contended that general role has been assigned and no specific role has been assigned to any of the accused person, even it is not clear from the averments of the F.I.R., statement of the informant and injured as to who is the author of the injuries caused to the injured persons. Lastly it is contended that the applicants are in jail since 14.12.2020 having criminal history of of one case, which has been explained in paragraph no.4 & 5 of the supplementary affidavit dated 21.06.2021 and in case they are released on bail, they 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 applicants.
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 applicants, Pintoo Yadav and Vijay Yadav involved in aforesaid crime be released on bail 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 will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 applicants 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 :- 30.9.2021 S.P.