Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36486 of 2021 Applicant :- Praveen Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Akash Tomar, 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.611 of 2020, under Section 420 IPC, 1860 and Section 3, 6, 9 and 10 of U.P. Public Examination (Prevention of Unfair Means) Act, 1998, Police Station Sector 58, District Gautam Buddh Nagar, during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely been implicated in this case. As per the FIR, the incident took place on 28.11.2020 and the FIR was lodged against 14 named persons including the applicant with the allegation that the applicant could not appear in the examination and sent his proxy in his place, in the examination. It is next submitted that co-accused Manoj and Pawan, have been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 6150 of 2021 and 15584 of 2021 vide orders dated 9.2.2021 and 18.5.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history as stated in paragraph no. 25 of the affidavit filed in support of the bail application. The applicant is in jail since 27.6.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
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, Praveen Kumar 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 :- 23.9.2021 Sweety