Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16211 of 2021 Applicant :- Rahul And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicants, Rahul and Raukey, in connection with Case Crime No. 59 of 2020, under Sections 147, 148, 149, 323, 307, 452, 504, IPC, Police Station Matsaina, District Firozabad.
Heard Mr. Arvind Agrawal, learned Counsel for the applicants and the learned A.G.A. appearing for the State.
The submission of learned counsel for the applicants is that the applicants' case is at par and in fact, on a better foot with that of Dinesh and Vijay, who have been admitted to bail by this Court vide order dated 06.04.2021, passed in Criminal Misc. Bail Application No.16066 of 2021. It is asserted that the applicants do not have criminal history and are in jail since 17.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicants' case is at par with co-accused Dinesh and Vijay, who have been admitted to bail by this Court, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicants, Rahul and Rauky in connection with Case Crime No. 59 of 2020, under Sections 147, 148, 149, 323, 307, 452, 504, IPC, Police Station Matsaina, District Firozabad, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the Trial Court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.4.2021 NSC