Heard learned counsel for the applicants, Sri Sanjay Singh, learned AGA-I for the State and perused the record.
The submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case due to ulterior motive. They are innocent and have no criminal antecedent. Learned counsel for the applicants submits that applicants' case is at par with co-accused Saddam who has been admitted to bail by this Court vide order dated 18.2.2021 passed in Crl. Misc. Bail Application No. 7801 of 2021. The applicants also claim parity. The applicants are languishing in jail since 23.10.2020. They undertake that they will not misuse the liberty, if granted, therefore, they may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer but could not dispute the factual aspect of the matter.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicants- (i) Raghav Mishra and (ii) Aman Upadhyay involved in Case No. 1649 of 2020, Case Crime No. 493 of 2020, under Sections 365, 323, 120-B IPC, Police Station Kotwali Jalaun, District Jalaun be released on bail, on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
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 applicants 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.
The parties are permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court and shall make a declaration of such verification in writing.
Order Date :- 22.2.2021 Digamber