Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44806 of 2021 Applicant :- Ram Raj Singh And 15 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.39 of 2021, under Sections 147, 148, 149, 307, 323, 325, 504, 506 I.P.C. and Section 3 Epidemic Act and Section 51(b) Disaster Management Act, Police Station- Bhawani Ganj, District- Siddharth Nagar.
Learned counsel for the applicants submitted that there is general allegations against all the accused persons. Accused persons have filed F.I.R. earlier to this incident and in pursuance of that the present F.I.R. has been lodged involving 19 persons. Learned counsel for the applicants further contended that the co-accused Rajendra Singh @ Dablu Singh and Suraj Singh @ Surya Bhan Singh have been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 34356 of 2021 and 36818 of 2021 vide order dated 16.09.2021, copy of bail order is annexed as Annexure No.7 to the bail application. The role of the accused- applicants are also similar to that of co-accused. He further submitted that the applicants are entitled for bail on the ground of parity. The applicants have no previous criminal history. The applicants who are in jail since 22.08.2021 undertakes that they will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicants either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. has opposed the prayer for bail but did not disputed the aforesaid facts that co-accused have been enlarged on bail and role of the accused-applicants are also the same.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment and all attending circumstances, in the opinion of the Court, a case for bail is made out.
Let the applicant - Ram Raj Singh, Kamlesh Singh, Sandip Singh, Shivam Singh, Vivek Singh, Aalok Singh, Ankit Singh, Basant Singh, Bhupendra Singh, Ankit Singh, Rohit Singh, Rajdeep Singh, Dharmendra Singh, Vipul Singh, Abhishek Singh, Shyam Bihari Singh, involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicants will cooperate in the trial sincerely without seeking any adjournment.
2. The applicants will remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicants will remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicants have 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.10.2021 Krishna*