Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44328 of 2021 Applicant :- Sani @ Sunny Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Rakesh Kumar Srivastava, 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.181 of 2020, under Sections 302, 201, 394, 411, 34 I.P.C., Police Station Kasna, District Gautam Budh Nagar during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The F.I.R. was lodged against the applicant and two other co-accused persons namely Dev Bhati and Pankaj Bhati and as per allegation in the F.I.R. the son of the informant aged about 22 years has gone with his friend, applicant and other co-accused persons but it appears that they have killed his son. It is further contended by learned Counsel for the applicant that there is no direct evidence against the applicant, the only evidence is of last seen against the applicant as per statement of Rajiv, which is improvable and unbelievable. It is next contended that the recovery of Rs.2500/- and a watch shown from the possession does not connect with this offence even the said recovery is forged and planted, the recovered money belongs to the applicant. It is also contended that the co-accused, Pankaj Bhati has already been released on bail by a coordinate bench of this Court vide order dated 02.08.2021 in Criminal Misc. Bail Application No.6798 of 2021, the case of the applicant stands on identical footing to that of the co-accused, hence, the applicant is also entitled to be released on bail on the ground of parity. Lastly it is contended that the applicant is in jail since 22.07.2020 having criminal history of four cases, in which he is on bail as explained in paragraph no.39 of the affidavit filed in support of 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, Sani @ Sunny 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 :- 28.10.2021 S.P.