Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25415 of 2021 Applicant :- Ram Prakash Shukla @ Sonu Shukla Opposite Party :- State of U.P.
Counsel for Applicant :- Amresh Kumar Tiwari
Hon'ble Rajiv Joshi,J.
Heard Sri Amresh Kumar Tiwari, learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 90 of 2019, under Sections 392, 120B/34 and 411 IPC, P.S. Mail, District Deoria., during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present case. It is further contended that the FIR was lodged by the informant against some unknown persons with the allegation that some unknown persons had committed loot on the wine and beer shop of the informant. It is further contended that the applicant was not named in the FIR, nothing has been recovered from his pointing out and his name was surfaced on the basis of confessional statement of co-accused Anitya Shukla @ Monu, who has already enlarged on bail by the co-ordinate Bench of this Court vide order dated 40468 of 2019 vide order dated 15.10.2019. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 24.11.2020 having criminal history of 08 cases which has been explained in paragraph no.8 to the supplementary affidavit and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
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,Ram Prakash Shukla @ Sonu Shukla who is involved in the aforesaid case crime number 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 13.8.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.08.13 17:22:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad