Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31301 of 2021 Applicant :- Rohit Kori Opposite Party :- State Of U.P Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Ms. Pratibha Singh, 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 seeking bail in Case Crime No.38 of 2021, under Sections 147, 148, 149, 323, 504, 506, 307 I.P.C., Police Station Aliganj, District Etah during the pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R. on 21.012.2020 the applicant along with co-accused abused and committed marpeet with the husband of the informant and when anyhow he reached the gate of the house on being free from the clutches of the accused persons then the accused persons fired by country made pistol with the intention to kill him, which hit his right thigh and the other fire hit the wall. It is further submitted by learned Counsel for the applicant that as per medical report suspicion has been raised about the firearm injury, and other injuries are simple in nature. It is also contended that general allegation of firing has been made and no specific role has been assigned to any of the accused, who caused injury. It is next contended that the co- accused, Mithun Kashyap @ Shera Kashyap has already been released on bail by a coordinate bench of this Court vide order dated 03.08.2021 in Criminal Misc. Bail Application No.23643 of 2021. Lastly it is contended that the applicant is in jail since 03.02.2021 having criminal history of two cases, which has been explained in paragraph no.12 of the affidavit filed along with the bail application and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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, Rohit Kori, 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 :- 16.8.2021 S.P.
Digitally signed by Justice Rajiv Joshi Date: 2021.08.17 10:55:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad