Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14631 of 2021 Applicant :- Rajendra Urf Dukka Opposite Party :- State of U.P.
Counsel for Applicant :- Vishnu Murti Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vishnu Murti Tripathi, learned counsel for applicant and learned A.G.A. for State.
This application for bail has been filed by applicant Rajendra Urf Dukka seeking his enlargement on bail in Case Crime No.10 of 2020, under Sections 392, 411 IPC, P.S. Kaushambi, District Kaushambi, during pendency of trial.
It transpires from record that in respect of an incident, which is alleged to have occurred on 25.2.2020, a prompt F.I.R. dated 25.2.2020 was lodged by first informant Sarvesh Kumar and was registered as Case Crime No.10 of 2020, under Sections 392, 411 IPC, P.S. Kaushambi, District Kaushambi. In the aforesaid F.I.R. three persons have been nominated as unnamed accused.
According to prosecution story as unfolded in the F.I.R., it is alleged that while applicant was riding his motorcycle and carrying Rs. 60,000/- cash with himself, three persons who were also riding on motorcycle came and stopped the motorcycle of applicant and snatched the bag containing Rs. 60,000/- cash. They also snatched his mobile, driving licence and other papers.
Pursuant to aforesaid F.I.R., police proceeded with statutory investigation of above mentioned case crime number in terms of Chapter XII Cr. P. C. During course of investigation, one accused namely Dilip @ Lalla was arrested. Arrested asccused in his confessional statement has implicated present applicant. On the basis of above, applicant was also taken into custody.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in the above mentioned case crime number. Applicant is not named in F.I.R. Applicant is a man of clean antecedent inasmuch as he has no criminal history. No recovery has been made from applicant. Except for the confessional statement of co-accused, there is no other evidence against applicant. Recovery itself is doubtful as there is no independent witness to support the same. It is lastly contended that co-accused Dilip @ Lalla has already been enlarged on bail by this Court, vide order dated 22.9.2020. For ready reference, order dated 22.9.2020 has been reproduced herein under:-
"Heard learned counsel for the applicant and learned A.G.A.
There is allegation in the First Information Report regarding robbery of Rs. 60,000/- along with mobile phone and Rs. 2500/- against three unknown persons.It is submitted that applicant was not named in the First Information Report.The recovery of one country made pistol and two cartridges and Rs.8,000/- was allegedly made from the applicant .It is further submitted that money belongs to the applicant and illegal arms have been planted and false recovery has been shown .There is no public witness of the recovery.The applicant is in jail since 14.3.2020.The criminal history of the applicant has been explained in paragraph-4 of the supplementary affidavit.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Dilip @ Lalla, who is involved in Case Crime No. 10 of 2020, under Sections 392, 411 I.P.C, Police Station-Kaushambi , District- Kaushambi, 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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 breach of any of the above conditions, it shall be a ground for cancellation of bail."
Another co-accused Man Singh has also been enlarged on bail by this Court. Above bail orders are on record as Annexure 4 to the affidavit. It is thus urged that for the facts and reasons recorded in the bail orders of co-accused, applicant is liable to be enlarged on bail. Case of present applicant is similar and identical to aforesaid co-accused. Consequently, applicant is also liable to be enlarged on bail on the ground of parity.
Per contra, learned A.G.A. has opposed this application. However, he could not point out any ground on the basis of which case of present applicant may be distinguished from co- accused Dilip @ Lalla and Man Singh.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused, but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Rajendra Urf Dukka, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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 breach 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 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 breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 7.4.2021 HSM