Heard Sri Hausala Prasad learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0035 of 2021, under Sections- 147, 148, 149, 325, 332, 333, 336, 353, 307, 504 I.P.C. and 7 Criminal Law Amendment Act, Police Station- Devgaon, District Azamgarh, during pendency of trial.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that scuffle took place between the parties which was intervened by police and F.I.R. was lodged by police against 13 named and 150-200 unknown persons. In the said incident police personnel also received injuries which are simple in nature. It is next submitted that general allegation of stone pelting has been attributed to all the accused. No specific role has been assigned to the applicant. It is next submitted that similarly situated co-accused Santosh Kumar has been granted bail by this Court vide order dated 14.07.2021 passed in Criminal Misc. Bail Application No. 16787 of 2021 The case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. Applicant has no criminal history as stated in paragraph no. 12 to the affidavit filed in support of the bail application and he is in jail since 26.02.2021, undertakes that he will not misuse the liberty, if granted.
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, Pintu @ Satyendra Saroj who is 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 :- 26.8.2021 Sweety