Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31478 of 2021 Applicant :- Rajesh Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.,A/A0721/2021,Anand Tiwari
Hon'ble Rajiv Joshi,J.
Heard Sri Pankaj Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and Sri Anand Tiwari, learned Counsel for the Indian Oil Corporation Limited and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.171 of 2021, under Sections 285, 379, 411/34 I.P.C., Section 15 (2) of Petroleum Mineral Pipelines Act, 1934, Section 3/4 of Explosive Substance Act, 1908 and Section 3/4 of Prevention of Damages of Public Property Act, Police Station Chhata, District Mathura during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R., which was lodged against unknown persons, Oil of the Indian Oil Corporation Limited, Mathura has been stolen from the pipeline. It is further contended by learned Counsel for the applicant that the name of the applicant was surfaced on the basis of confessional statements of co-accused, Bhola thereupon the applicant, co-accused Dalveer and Montu @Aseeruddin along with some other accused persons have been arrested. It is next contended that the investigation has been completed and the charge sheet has already been filed in respect of the applicant. It is also contended that the co-accused, Montu@ Asheeruddin having identical role as assigned to the applicant has already been enlarged on bail by a coordinate bench of this Court vide order dated 12.08.2021 in Criminal Misc. Bail Application No.30121 of 2021, the applicant is also entitled to be enlarged on bail on the ground of parity. Lastly it is contended that the applicant is in jail since 04.06.2021 having criminal history of one case in which he is on bail as explained in paragraph no.23 of the affidavit filed in support of the bail application and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned Counsel for the Indian Oil Corporation Limited submits that the mobile numbers of the applicant are 9690502362 and 9557702362 and it is apparent that the applicant and other co- accused persons were regularly contacting with each other. It is further contended by them that from the perusal of the call detail reports the location of the applicant and other co-accused was also found in Village Ranvari where the alleged incident of selling Oil has taken place. It is next submitted that on the basis of location of the applicant and other co-accused, the applicant is not entitled for any indulgence and even in paragraph no.13 of the rejoinder affidavit no specific denial has been averred.
Considering the submissions of learned counsel of both sides and the fact that the co-accused Montu @ Asheeruddin having identical role to the applicant has already been enlarged on bail by a coordinate bench of this Court and the 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, Rajesh 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 :- 20.9.2021 S.P.
Digitally signed by Justice Rajiv Joshi Date: 2021.09.20 16:28:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad