Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25111 of 2021 Applicant :- Pramod Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused-applicant- Pramod, who is involved in Case Crime No. 619 of 2016, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 307, 342, 427, 436, 336, 325 I.P.C., and Section 7 Crl. Law Amendment Act, and 3 of Prevention of Damages to Public Property Act, Police Station- Shahpur, District- Gorakhpur.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that the F.I.R. has been lodged against twelve named persons and some unknown persons and the applicant is not one of the named accused, however after 5 days of the alleged incident, he was implicated along with 99 other accused. It is further submitted that most of the accused having similar role have been granted bail by co- ordiante Bench of this Court. Copy of bail orders of co-accused Vivekanand, Ravi Gupta, Saddam Alias Guddu Khan, Om Prakash Tripahti, Krishn Nandan Alias Nandan and Sonu @ Sandeep have been annexed with the affidavit filed in support of bail application. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 11.11.2016 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail but could not controvert the above factum.
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 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.
2. 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.
3. 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.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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 :- 27.7.2021 S.Verma