Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37483 of 2020 Applicant :- Pushpendra And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey,Hardev Prajapati,Ramesh Chandra Yadav,Suneel Kumar Yadav,Vivek Yadav Counsel for Opposite Party :- G.A.,Ashutosh Yadav
Hon'ble Rajiv Joshi,J.
Heard Sri Subhash Chandra, learned counsel holding brief of Sri Suneel Kumar Yadav, learned counsel for the applicants, Sri Ashutosh Yadav, learned counsel for informant and learned A.G.A. and perused the record.
By means of this application, the applicants, who are involved in Case Crime No.176 of 2020, under Sections- 147, 148, 307, 323, 504, 506 IPC, Police Station- Hathras Gate, District- Hathras, is seeking enlargement on bail.
It is submitted by learned counsel for applicants that applicants are innocent and falsely implicated in this very case crime number. It is further submitted that the FIR was lodged against the applicants and three other co-accused persons, namely, Laxman, Gaurav and Bhura. As per the allegations made in the FIR, all the accused persons with some unknown persons have assaulted the injured- Veerpal and Jeetu, with the help of pistol, talwar, lathi and knife. No specific role has been assigned to any of the accused person. General role for assaulting has been assigned to all the accused persons. It is also submitted that all the injuries are simple in nature and no abnormality was found in the X-ray report. It is next submitted that co-accused Gaurav and Bhura, have exonerated by the police from the charge-sheet and the charge-sheet has been submitted only against the applicant and co-accused Laxman. The investigation had already been concluded. It is next submitted that co-accused Laxman Singh, had already been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 45312 of 2020 vide order dated 16.7.2021. The case of the applicants' stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. Applicants are languishing in jail since 25.7.2020. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
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, Pushpendra an Harishchandra, who are 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 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 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 :- 13.8.2021 Sweety