Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16896 of 2021 Applicant :- Ravindra Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Tirpathi,Neeraj Srivastava,Sandeep Kumar Counsel for Opposite Party :- G.A.,Shiv Babu Dubey
Hon'ble Rajiv Joshi,J.
Heard Sri Sandeep Kumar, learned counsel for the applicant and Sri Shiv Babu Dubey, learned counsel for informant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 115 of 2021, under Sections 147, 148, 504, 506, 352, 308 IPC, Police Station- Partapur, District- Meerut, during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. It is a cross case in which F.I.Rs have been lodged from both the sides and further both the sides have received injuries, therefore, it cannot be said that who is the aggressor of the said incident. It is further submitted that F.I.R., has been lodged against four named and twenty unknown persons with general allegation and later on it is confined to only four named persons including the applicant, with general allegation. However, no specific role has been assigned to the applicant. It is next submitted that co-accused Kamal, has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 18144 of 2021 vide order dated 11.8.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant was on interim bail as per the directive issued by the Apex Court during the period of pandemic of Covid-19, in view of the judgment of the co-ordinate Bench of this Court dated 13.01.2020 passed in Criminal Misc. Bail Application No. 29639 of 2018 (Dhirendra @ Dheeraj Tyagi Vs. State of U.P.). The applicant was in constructive custody of the Court and therefore, the applicant is entitled for consideration for regular bail. Learned counsel for the applicant has lastly submitted that the applicant is in jail since 25.2.2021 and in case he is released on regular bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, 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, Ravindra who is 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 :- 6.10.2021 Sweety