Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26126 of 2021 Applicant :- Rajan Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Ranjan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Alok Ranjan Tripathi, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No.60 of 2021, under Sections 147, 148, 149, 332, 336, 353, 395, 307, 342, 427, 504, 171-H, 188, 269 IPC and Section 7 of Criminal Law Amendment Act, 1932 and Section 51 of Disaster Management Act, 2005, Police Station Moosa Nagar, District Kanpur Dehat, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is named in the F.I.R. with general allegation regarding creating hindrance, unlawful assembly and tried to loot two ballet boxes which is a concocted and false story has been set up by the prosecution whereas the applicant did not commit any offence as alleged. It is further submitted that there is no other public property or vehicles have damaged and ballet boxes have not been recovered from the possession of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It is next contended that co-accused Bhanwati Sonkar, whose role was identical to that of the applicant, has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 10.08.2021 in Criminal Misc. Bail Application No. 24274 of 2021 and therefore, the applicant is also entitled for bail on the ground of parity. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 27.4.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
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 applicant- Rajan Tiwari, involved in Case Crime No.60 of 2021, under Sections 147, 148, 149, 332, 336, 353, 395, 307, 342, 427, 504, 171-H, 188, 269 IPC and Section 7 of Criminal Law Amendment Act, 1932 and Section 51 of Disaster Management Act, 2005, Police Station Moosa Nagar, District Kanpur Dehat, be released on bail, on his 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 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 :- 16.8.2021 Noman