Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26067 of 2021 Applicant :- Prabhu Dayal Satyarthi Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused- applicant- Prabhu Dayal Satyarthi, who is involved in Case Crime No. 306 of 2020, under Sections 420, 467, 468, 471, 120B, 34 I.P.C., Police Station- Kotwali, District- Kanpur Nagar.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that the alleged sale-deed is said to be executed on 20.7.2017 whereas the F.I.R. has been lodged on 18.10.2020 i.e. after more than three years in lodging the F.I.R.; that there is no independent witness of the alleged incident. Submission of learned counsel for the applicant is that neither the applicant is witness in the alleged sale-deed nor beneficiary, he has no concern with the alleged incident; that criminal history of the applicant has sufficiently been explained in para 25 of the affidavit filed in support of bail application. It is lastly submitted that the applicant is a senior citizen aged about 70 years, suffering from old age related diseases, languishing in jail since 20.10.2019 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A as well as learned counsel for the informant has vehemently opposed the prayer for grant of bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicant 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:-
1. The applicant shall pay a sum of Rs. 1,80,000/- to the prosecutrix within a period of six weeks from the date of his release, subject to filing an affidavit giving undertaking for payment as indicated hereinabove. In default of payment, the learned Court concerned shall cancel the bail of the applicant and law will take its own course.
2. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
3. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
4. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 27.7.2021 S.Verma